Minutes 08222012Page 1 Council/Agency Meeting 9 /4 /12 Item #1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY / SUCCESSOR AGENCY MEETING AUGUST 22 , 201 2 The Town Council of the Town of Los Gatos conducted a Special Meeting on We d nesd ay , August 22 , 201 2 at 5:30 P.M. MEETING CALLED TO ORDER AT 5:3 0 P.M. ROLL CALL Present: Mayor Steve Rice, Vice Mayor Barbara Spector, Council Member Steven Leonardis, Council Member Diane McNutt, and Council Member Joe Pirzynski. Absent: None PLEDGE OF ALLEGIANCE Harrison St. John from Union Middle School led the Pledge of Allegiance. The audience was invited to participate. CLOSED SESSION REPORT Judith Propp, Town Attorney, commented that Council will meet in closed session following the special meeting . COUNCIL/TOWN MANAGER REPORTS Council Matters Manager Matters Greg Larson, Town Manager - Commented that the deadline to apply for Leadership Los G atos is August 31st. - Commented that the Wine Walk will ta ke place on September 29, 2012. - Commented that app lications for the Town G arage Sale are due September 7 th . - Commented that the new art for the Forbes Mill Footbridge will be displayed at Jazz in the Plazz a nd Music in the Park. - Commented that Jessica von Borck, Economic Vitality Manager, accepted a position at the City of Fremont. D id You Know?? Kevin Rohani, Town Engineer - Commented that many sidewalk improvements have taken place with state grant f unds and Town funds
Page 2 Did You Know?? – Continued Mayor Rice - Commented that the community appreciates the new traffic light at University and Lark Avenues . CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. Approve Council minutes of August 6, 2012 2. Accept Fourth Quarter Investment Report for FY 2011/12 (April through June 2012) 3. Adopt resolution making determinations and approving the reorganization of territory designated Mireval Road No. 4, a 3.33 acre area consisting of two parcels pre -zoned HR -5. APNs 532 -25 -023 and 025. Annexation Application AN12 -002. Property Location: Mireval Road No. 4. Property Owner/Applicant: Heyning A. Cheng SUCCESSOR AGENCY OF THE TOWN OF LOS GATOS 4. Successor Agency Actions a. Adopt a resolution approving Administrative Budget for the Successor Agency for period for January 1, 2013 through June 30, 2013 b. Adopt resolution approving a Third Recognized Obligation Payment Schedule for the period January 1, 2013 through June 30, 2013 MOTION: Motion by Council Member Joe Pirzynski to approve Consent Items #1 -4. Se conded by Vice Mayor Barbara Spector. VOTE: Motion passed unanimously . V ERBAL COMMUNICATIONS There were no verbal communications for this meeting.
Page 3 OTHER BUSINESS 5. Adopt a resolution providing for the appointment of nominated persons as if elected at the November 6, 2012 election and cancelling said election Greg Larson, Town Manager, presented the staff report. Vice Mayor Spector recused herself because of a perce ived conflict of interest du e to a personal or financial interest. Open the Public Hearing Mr. Boyd - Expressed concern that there may not be an election. Mr. Van Nada - Expressed support for the proposed resolution. Mr. Arzie - Expressed support for th e proposed resolution. Ms. Boyd - Expressed concern about not having an election and urged Council to postpone the process. Mr. Allen - Expressed support for the proposed resolution. Mr. Clark - Expressed support for the proposed resolution. Mr. Kaschub - Expressed concern about not having an election and urged Council to postpone the process. Ms. Wiley - Expressed support for the proposed resolution. Mr. Daley - Expressed support for the proposed resolution.
Page 4 Closed the Public Hearing Item #5 – Continued C ouncil Questions - Questioned whether , as one speaker suggested, the election could be postponed. Ms. Propp - Commented that there is no provision in the Elections Code to postpone the election. MOTION: Motion by Council Member Joe Pirzynski to hold the November 6, 2012 election. Se conded by Council Member Diane McNutt. VOTE: Motion passed 3 /1 . Council Member Leonardis voted nay. Vice Mayor Spector abstained. The following discussion occurred prior to the vote: Council Discussion - Commented that this is not a comfortable time in the Town. - Commented that the Town would save money by not holding the election and that a write -in candidate is not likely to be elected. - Commented that the community could elect a write -in candidate, but if the Council appoints the nominated candidates, then the process ends. - Commented that money is not the only consideration because it is important that Los Gatos citizens have the right to vote for their representatives. - Commented that holding the election would allow for a cand idate vetting process and a discussion of the issues. - Commented that democracy is better served by holding the election. - Commented that the issues can be discussed in debates and candidate forums, even if the election were cancelled. - Commented that there a re two competent nominees, who deserve to be appointed by the Council because they completed the nomination process and have served their community as a Councilmember and Planning Commissioner.
Page 5 ADJOURNMENT TO CLOSED SESSION The meeting adjourned at 6:25 p.m. to a closed session. 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 14850 Winchester Boulevard (APN: 424 -31 -055) Negotiating parties: Town of Los Gatos (Negotiator: Greg Larson, T own Manager)Santa Clara County Fire Departmen t (Negotiator: Ken Kehmna, Fire Chief) Boccardo Management Group, LLC (Negotiator: Jim Rees) Under negotiation: Terms and price . 2. PUBLIC EMPLOYEE ANNUAL PERFORMANCE EVALUATION [Government Code Section 54957(b)(1)] Title: Town Manager CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6)Town Negotiator: Rumi Portillo, Human Resources Director . Unrepresented Employee: Town Manager Attest: /s/Mazarin A. Vakharia Clerk Administrator