M05-16-11 Council/Agency Meeting
Item #5
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MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT
AGENCY MEETING
MAY 16, 2011
The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday,
May 16, 2011 at 7:00 P.M.
TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY
CLOSED SESSION BEGINS AT 6:00 P.M.
MEETING CALLED TO ORDER AT 7:00 P.M.
ROLL CALL
Present: Mayor Joe Pirzynski, Vice Mayor Steve Rice, Council Member Steven
Leonardis, Council Member Diane McNutt, and Council Member Barbara Spector.
Absent: None.
PLEDGE OF ALLEGIANCE
- Shane Doty, Blossom Hill School, led the Pledge of Allegiance. The Audience was
invited to participate.
PRESENTATIONS
Proclamation - National Public Works Week
- Mayor Joe Pirzynski proclaimed the week of May 16, 2011 as National Public Works
Week.
- Todd Capurso, Director of Parks and Public Works accepted the proclamation on
behalf of the Town.
- Mr. Capurso commented on the services provided by the Parks and Public Works
Department and thanked staff for all their hard work.
Proclamation - Government Finance Officers Association Distinguished Budget
Presentation Award Fiscal Year 2010/2011
- Mayor Joe Pirzynski announced that the Town has received the Government
Finance Officers Association Distinguished Budget Presentation Award for Fiscal
Year 2010/2011.
- Steve Conway, Director of Finance accepted the award on behalf of the Town.
- Mr. Conway thanked staff for their work on the budget and Council for their support.
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CLOSED SESSION REPORT
CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
To meet with Town Negotiators listed below in closed session pursuant to Government
Code §54957.6 regarding negotiations with the Employee Organizations listed below:
Town Negotiators (Lead): Rumi Portillo, Human Resources
Director/Greg Larson
Town Manager Employee
Organizations: Management Employees Confidential
Employees Town Employees Association
(TEA), American Federation of State, County
and Municipal Employees Local No. 101
(AFSCME), and Los Gatos Police Officers
Association (POA)
Ms. Propp stated that no reportable 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 Wednesday, May 18, 2011, is Parks and Public Works Open
House.
- Commented that the Town will be hosting a North 40 Specific Plan community
workshop on Wednesday, May 18, 2011 at 6:00 p.m. at the Calvary Church.
- Commented that the Library and Friends of the Library will be hosting a Friday
Forum on "What Happy People Know."
Did You Know??
Jenny Haruyama, Budget and Finance Manager
- Commented about the Town’s General Fund revenues and tax dollar amounts
received by the Town.
- Commented that more information can be found by visiting the Town’s website at
www.LosGatosCa.gov.
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CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. North 40 Specific Plan Monthly Update.
2. Accept Third Quarter Investment Report for FY 2010/11(January through March
2011.)
3. Adopt resolution approving a request to allow full alcoholic beverage service and to
modify hours of operation for an existing restaurant (Gardino’s), and denying a request
to expand an existing restaurant (Gardino’s) to add seating on property zoned C -2.
APN: 510-44-030; Conditional Use Permit Application: U-10-023; Property location: 49
& 51 N. Santa Cruz Avenue; Property Owner: Jennifer White; Applicant: Pete Jillo.
4. Authorize the Town Manager to execute an agreement with the County of Santa
Clara, “Joint Exercise of Powers Agreement and Cooperation Agreement to undertake
or to assist in the undertaking of essential activities pursuant to Title I of the Housing
and Community Development Act of 1974, as amended, for the period of October 1,
2011 to September 30, 2014" for administration of the Community Developm ent Block
Grant (CDBG) program. RESOLUTION 2011-036
5. Hazardous Vegetation Abatement (Brush)
a. Adopt resolution declaring hazardous vegetation (brush) a public nuisance
and providing for abatement. RESOLUTION 2011-025
b. Set June 20, 2011 as a Public Hearing to hear protests on this annual
program.
6. PPW Job No. 10-16 - FY 2010/11 Street Repair and Resurfacing Project Approve
plans and specifications for the FY 2010/11 Street Repair and Resurfacing Project and
authorize staff to advertise the project for bid.
7. PPW Job No. 10-12 - 123 East Main Street Building Improvements Project.
Authorize the Town Manager to execute a Certificate of Acceptance and Notice of
Completion accepting the work of MG Constructors & Engineers Inc., and authorize
recording by the Clerk Administrator.
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Consent Items - Continued
8. Landscaping and Lighting Assessment Districts 1 & 2
a. Adopt resolution preliminarily approving the E ngineer’s Report for Fiscal Year
2011/12. RESOLUTION 2011-027
b. Adopt resolution of intention to order the levy and collection of assessments
for Landscape and Lighting No. 1 - Blackwell Drive Benefit Zone.
RESOLUTION 2011-028
c. Adopt Resolution of Intention to order the levy and collection of assessments
for Landscape and Lighting District No. 1 - Kennedy Meadows Benefit Zone.
RESOLUTION 2011-029
d. Adopt Resolution of Intention to order the levy and collection of assessments
for Landscape and Lighting District No. 1 - Santa Rosa Heights Benefit Zone.
RESOLUTION 2011-030
e. Adopt Resolution of Intention to order the levy and collection of assessments
for Landscape and Lighting District No. 1 - Vasona Heights Benefit Zone.
RESOLUTION 2011-031
f. Adopt Resolution of Intention to order the levy and collection of assessments
for Landscape and Lighting District No. 1 - Hillbrook Drive Benefit Zone.
RESOLUTION 2011-032
g. Adopt Resolution of Intention to order the levy and collection of assessments
for Landscape and Lighting District No. 2 - Gemini Court Benefit Zone.
RESOLUTION 2011- 033
9. Adopt resolution stating the Town’s position that it be considered a "Community of
Interest" as designated by the California Citizen’s Redistricting Commission.
RESOLUTION 2011-034
TOWN COUNCIL/REDEVELOPMENT AGENCY
10. Approve Council/Agency minutes of May 2, 2011.
11. Adopt ordinance amending Chapter 23 of the Town Code regulating newsracks
located on or projecting into the public right-of-way. ORDINANCE 2196
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Consent Items – Continued
12. PPW Job No. 09-06 - New Los Gatos Public Library Project 411-831-4402
a. Authorize the Town Manager/Executive Director to execute an amendment to
the agreement for consultant services with Swinerton Management and
Consulting Inc. to provide additional construction management services for the
construction of the new Los Gatos Library in an amount not to exceed
$65,535.80.
b. Authorize the Town Manager/Executive Director to execute an amendment to
the agreement for consultant services with Noll and Tam Architects to provide
additional construction support services for construction of the new Los Gatos
Library in an amount not to exceed $99,885.
c. Authorize the Town Manager/Executive Director to exe cute future contract
amendments for PPW Job No. 09-06 - Los Gatos Public Library Project with
Noll & Tam Architects Inc. in an amount not to exceed $10,000.
Council Member Steven Leonardis pulled Consent Item #3 and Council Me mber Diane
McNutt pulled Consent Item #9.
Mayor Joe Pirzynski stated that the pulled Consent Items would be heard following
Verbal Communications.
MOTION: Motion by Vice Mayor Steve Rice to approve Consent Items #1,
#2, #4-8, and #10-12.
Seconded by Council Member Diane McNutt.
VOTE: Motion passed unanimously.
VERBAL COMMUNICATIONS
Ms. Ferm
- Commented about the 211 Program which is run by Santa Clara County.
- Commented that more information can be found by accessing www.211scc.org.
Mr. Rauh
- Announced that the United States National Bocce Tournament will be held in Los
Gatos on June 27 and 28, 2011.
- Requested the Mayor and Council’s attendance to welcome the players from around
the world.
Closed Verbal Communications
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PULLED CONSENT ITEMS
Council Member Barbara Spector recused from Item #3 due to the fact that her law firm
has represented a participant in the hearing.
3. Adopt resolution approving a request to allow full alcoholic beverage service and to
modify hours of operation for an existing restaurant (Gardino’s), and denying a request
to expand an existing restaurant (Gardino’s) to add seating on property zoned C -2.
APN: 510-44-030; Conditional Use Permit Application: U-10-023; Property location: 49
& 51 N. Santa Cruz Avenue; Property Owner: Jennifer White; Applicant: Pete Jillo.
Open Public Comments
Mr. Carter
- Commented on supporting the request to reconsider the application to expand
Gardino’s restaurant based on new information.
- Commented that the first piece of new information is that Gardino’s has requested a
Conditional Use Permit that will guarantee that the expansion space will never be
available as a stand-alone restaurant. Rather, it would only provide additional
seating spaces. There would be no kitchen or food preparation of any kind in the
expansion area. This would allow the space to be converted back to retail if
Gardino’s vacated the premises.
- Commented that the second piece of new information is that the owner’s continued
viability depends on the expansion of the restaurant.
Mr. Knowles
- Commented on supporting the request for reconsideration of the application to
expand Gardino’s restaurant.
Council Comments
- Questioned if Mr. Knowles feels that there is any new information.
Mr. Knowles
- Clarified that the new information is that Gardino’s has requested a Conditional Use
Permit that will guarantee that their expansion space will never be available as a
stand-alone restaurant if Gardino’s vacates the premises.
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Pulled Consent Items – Continued
Closed Public Comments
Council Member Leonardis
- Questioned if Mr. Carter stated that the Conditional Use Permit would be intended
to make sure that the proposed space would never be used as a stand-alone
restaurant if Gardino’s Restaurant vacated.
Mr. Carter
- Commented that he agreed.
MOTION: Motion by Council Member Steven Leonardis to reconsider the
application for Gardino's Conditional Use Permit modification based
on the new information heard this evening. The new information
would require that the Conditional Use Permit state that the
premises would never be available as a stand-alone restaurant and
that it would revert back to retail if Gardino's vacates.
Seconded by Vice Mayor Steve Rice.
Council Comments
- Questioned when the reconsideration item would return to Council.
- Suggested that the item be placed on the next available agenda.
Mr. Larson
- Clarified that there are policy and legal issues that would need to be reviewed.
VOTE: Motion passed 4/0. Council Member Barbara Spector recused
from Item #3 due to the fact that her law firm has represented a
participant in the hearing.
Council Member Barbara Spector rejoined the meeting.
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Pulled Consent Items - Continued
9. Adopt resolution stating the Town’s position that it be considered a "Community of
Interest" as designated by the California Citizen’s Redistricting Commission.
RESOLUTION 2011-034
Council Comments
- Questioned whether the Town’s position would be communicated to the County, as
well.
Mr. Larson
- Clarified that the interpretation of the resolution would be that Town Council
supports the West Valley Community’s interest in all redistricting and that the Mayor
can communicate that to both the County and to the State.
Open/Closed Public Comments
MOTION: Motion by Council Member Diane McNutt to approve Consent Item
#9.
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed unanimously.
TOWN COUNCIL
OTHER BUSINESS
13. Review and accept the staff report outlining the Creekside Sports Park project
status and conceptual design.
Staff report made by Christy Wolter, Parks and Facilities Superintendent.
Council Comments
- Questioned the ramifications if there was a lack of sufficient parking on site.
- Questioned if the existing building structures are usable.
- Requested clarification on the use of the remaining 1.6 acres at the sports park site.
- Questioned the next step in the process for Planning Commission and Town
Council.
- Questioned if the field would have goals for football use.
- Questioned if any of the proposed designs include basketball courts.
- Commented that maximum field flexibility would be preferred for the park.
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Other Business Item #13 – Continued
Ms. Wolter
- Clarified that the Planning Commission would consider the sufficiency of parking on
the site.
- Clarified that the existing structures are not usable.
- Clarified that the additional 10 foot run-off space around the proposed park and the
additional parking area would make up the 1.6 acres.
Mr. Capurso
- Clarified that staff‘s intent for this meeting was to give a progress check-in and for
Council to accept the report and give direction.
- Clarified that the next step for Planning Commission would be to consider the
proposed project and the environmental/CEQA review.
Mr. Larson
- Clarified that the next step for Council would be a Conditional Use Permit approval.
- Clarified that the item before Council is to provide conceptual direction on where the
Town is heading with the project.
Open Comments
Ms. Chen
- Commented on supporting soccer fields at the park.
Mr. San Juan
- Commented on supporting soccer fields at the park and stated that the United
Soccer League has offered to help fund the project.
Council Comments
- Questioned if the size of the proposed field is adequate for the proposed project.
- Questioned if the larger field design could be broken up into smaller fields for youth
use.
Mr. San Juan
- Clarified that the proposed field is considered as a stand ard size field for adult uses.
- Clarified that it could easily be broken down for other soccer uses.
Closed Public Comments
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Other Business Item #13 – Continued
Council Comments
- Questioned how the parking study was conducted for the proposed park.
- Suggested removing the "U12" wording from the proposed plans and to use the
words "multi-use fields" as the preferred wording.
MOTION: Motion by Council Member Diane McNutt to accept the staff report
outlining the Creekside Sports Park project status and conceptual
design that is currently the preferred conceptual design.
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed 4/1. Council Member Steven Leonardis voted
no.
Mayor Joe Pirzynski called for a recess at 8:32 p.m. Meeting resumed at 8:37 p.m.
TOWN COUNCIL/REDEVELOPMENT AGENCY
PUBLIC HEARINGS
14. Operating and Capital Budgets
a. Consider the Town of Los Gatos Proposed Operating and Capital Budget for
Fiscal Year 2011-2012.
b. Consider the Town of Los Gatos Proposed Capital Improvement Program for
Fiscal Year 2010-2015.
c. Adopt General Fund Reserve Policy.
d. Authorize the Town Manager to enter into discussions with the agents for the
former Borders space, Los Gatos Cinema, and Los Gatos High School
regarding potential community use of facilities for performing arts.
e. Adopt resolution amending the Community Services Commission enabling
resolution and rescinding Resolution 2009-101 to change the name of the
Commission to the Community and Senior Services Commission.
RESOLUTION 2011-35
Staff report made by Steve Conway, Director of Finance, Jenny Haruyama, Budget and
Finance Manager, and Todd Capurso, Director of Parks and Public Works.
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Public Hearing Item #14 – Continued
Council Comments
- Questioned how the Town accounts for the significant revenue drop between Fiscal
Year 2011/12 and 2012/2013.
- Questioned how the allocated funds would be spent for emergency preparedness.
- Questioned if funds could be allocated to celebrate the 125th year anniversary for
the Town.
- Questioned the amount of staff time allocated to the BMP program.
- Questioned when the Town will move to on-line permitting and if could staff estimate
the cost to fully implement a program.
- Questioned if the Police Department will be entering into contracts with other cities
for shared services.
- Suggested that staff provide public information regarding the non -point source
programs and the NPDES regulations.
- Questioned if the Town is saving money by purchasing energy efficient vehicles.
- Questioned other cost saving options besides the Sunday closures for the Library.
- Requested that options be brought forward in lieu of the Library closures.
- Expressed concerns about Library funding for future years and would like to see
other options for funding.
- Suggested amending the Community Services Commission Resolution to require
two members over 55 on the commission.
- Suggested that Council differentiate essential and non-essential services for future
budgets.
Mr. Conway
- Clarified that the FY11/12 revenues reflect no to low growth.
- Clarified that the FY11/12 balanced budget reflects revenues taking a substantial
dip because there was approximately $3 million of revenue that was available for
the sports park project.
- Commented that the proposed FY12/13 budget shows a flatter revenue base across
the board and it reflects the Town’s new base.
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Public Hearing Item #14 – Continued
Mr. Larson
- Clarified that the funds allocated for emergency preparedness were allocated in last
year’s budget as a one-time allocation and are dollars that have not been spent.
Staff is recommending that the funds be rolled over to create a total of $65,000
which can be used towards the Council’s ongoing strategic goal for emergency
preparedness.
- Commented that the Emergency Preparedness sub-committee, at their upcoming
July meeting, will be looking at a work plan for the next year. The work plan will
include the use of the additional funds in two focus areas: 1) W orking with Santa
Clara County Fire on emergency evacuation for wildfire and flooding, and 2)
Personal emergency preparedness.
- Clarified that funding for the 125th anniversary celebration would be allocated from
non-departmental funds and could be brought forward in the mid-year budget.
- Clarified that Council may direct the use of reserves in-lieu of Library closures.
- Suggested wording added to the proposed Community Service Commission
resolution which would state that two members must be over the age of 55.
Ms. Rooney
- Clarified that there is increased time spent on the owner occupied units within the
BMP program.
- Commented that due to County lay-offs, the Town is spending increased staff time
on Housing Authority issues and spending much more time to address issues that
the Housing Authority should be addressing.
- Clarified that the on-line permitting is a progressive process for the Town and staff
has been working with a consultant to deliver a work plan to implement the on -line
permitting for common permits for FY2012/13.
Chief Seaman
- Commented that the Police Department has been working with the City of Campbell
and other cities to explore sharing dispatch services as well as exploring other
shared services.
- Commented that since traffic citations have increased, the Town’s accidents
statistics are down.
Mr. Capurso
- Commented that staff will coordinate community education efforts with NPDES and
non-point sources.
- Commented that the Town will be installing 25 new trash capture devises.
- Clarified that there are State mandated laws that apply to emissions and these laws
apply to the Town’s fleet.
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Public Hearing Item #14 – Continued
Capital Improvement Projects (CIP)
Council Comments
- Questioned if there are additional funding sources for projects.
- Questioned if there are plans for a bicycle path along University Avenue and Lark
Avenue which would access the sports park.
- Questioned the possibility of implementing a cost sharing program with residents for
projects in the public right-of-way.
- Questioned ADA improvement for the Civic Center and Council Chambers.
- Questioned if any un-funded projects could be fulfilled this year.
- Questioned if the Quito Road Bridge project will move forward this fiscal year.
- Questioned if the north side parking lot will be re-paved prior to 2013.
- Questioned if the Civic Center re-use project will move forward in September, 2012.
- Suggested bringing forward a timeline for the Civic Center re-use project.
Mr. Capurso
- Clarified that at this point, there are no funding sources for non-funded programs.
- Commented that cost sharing for projects in public right-of-ways is a possibility.
- Clarified that there has not been any established bike lanes for that University
Avenue area. The access bridge would be a sufficient and safer way for bicycles to
enter the park.
- Clarified that staff will be evaluating the Civic Center uses in 2012.
- Clarified that grants may be available for some un-funded projects.
- Clarified that the City of Saratoga has contacted the Town to move forward with the
Quito Road project.
- Clarified that since there is nothing failing at the north side lot, staff has decided to
wait until Safeway opens and re-evaluate the traffic patterns before moving forward
with the project.
- Clarified that staff can bring forward a timeline for the Civic Center re-use.
Open/Closed Public Hearing
MOTION: Motion by Council Member Diane McNutt to adopt the operating
and Capital Budgets with staff recommendations as itemized on
page one of the staff report with the exception of adding the
designated seats for (2) seniors 55+ as members of the Community
Services and Senior Services Commission.
Seconded by Vice Mayor Steve Rice.
VOTE: Motion passed unanimously.
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Public Hearing Item #14 – Continued
Mr. Larson
Clarified that Council direction was to:
- Report back to Council regarding Civic Center re-use and ADA compliance.
- Report back to Council on Capital Improvement Project funding strategies for the
future and service prioritization as the Town faces future budget challenges.
- Report back to Council on allocation of funds for the Town's 125th anniversary
celebration.
- Report back to Council with another option for funding the Sunday hours for the
Library.
ADJOURNMENT
Attest:
/s/ Jackie D. Rose, Clerk Administrator