M09-21-091
MINUTES OF THE TOWN COUNCIL/PARKING
AUTHORITY/REDEVELOPMENT AGENCY
SEPTEMBER 21, 2009
The Town Council of the Town of Los Gatos conducted a Regular Meeting on
Monday, September 21, 2009 at 7:00 P.M.
CLOSED SESSION BEGAN AT 6:00 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
Daniel Ristow, representing the youth who participate with Project
Cornerstone led the Pledge of Allegiance. The audience was invited to
participate.
PROCLAMATION - Project Cornerstone
Mayor Mike Wasserman presented Project Cornerstone with a
proclamation declaring that the Town of Los Gatos values youth and
acknowledging the 68 organizations that have pledged to increase the
developmental assets of young people in Town.
Anne Ehersman accepted the commendation on behalf of Project
Cornerstone.
Brandi Pech, Former Youth Commission Chair, accepted the
commendation on behalf of the youth representatives of Project
Cornerstone.
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CLOSED SESSION REPORT
CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Government Code Section 54956.8)
Properties: 20 Dittos Lane (Assessor Parcel Number 529-29-034)
and 930 University Avenue
Negotiating parties: Town of Los Gatos (Negotiator: Bud Lortz, Deputy
Town Manager), Verizon Corporation, and Nicholas
Gera, ROEM
Development Under
Negotiation: Price and terms of payment
Mr. Korb
• Stated that direction was given and no final reportable actions were taken.
• Commented that both items are on the agenda for open discussion.
TOWN COUNCIL
COUNCIL/TOWN MANAGER REPORTS
Council Matters
There were no Council Matters for this meeting.
Manager Matters
Mr. Larson
• Commented that the Town Plaza renovations are continuing with new sod
being installed. The temporary construction fencing will be visible for up to
8 weeks to allow sufficient time for the roots to take hold.
• Commented that the Town Plaza fountain will be accessible by the
weekend for the hot weather.
• Commented that the project to replace the sod is being done by the
contractor at no expense to the Town.
• Commented that the Town is scheduling its annual street slurry project
work. Due to unexpected rain last week the project schedule has been
delayed.
• Commented that the Town will be doing the streets that would only have
one lane in each direction at night to minimize traffic impacts; while the
multi lane streets are scheduled to be done during the day to take
advantage of the hot weather which helps the slurry seal cure.
• Commented that Caltrans is starting a series of street work, repairing the
bridge decks over Highway 17 at both Main Street and Highway 9 and in
early October, Caltrans will be starting slurry seal work on Highway 9 from
Highway 17 to Saratoga.
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Manager Matters - Continued
• Commented that nine Los Gatos Businesses will be recognized as Green
Businesses by Santa Clara County.
• Commented that the Town of Los Gatos will have a total of 23 green
businesses that have been recognized by the County for following
environmentally-sound practices.
CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION)
1. Adopt resolution approving an appeal of a Planning Commission
decision denying a request for a two lot subdivision on property
zoned HR-2½. No significant environmental impacts have been
identified as a result of this project and a Mitigated Negative
Declaration is recommended. APN 527-11-005, Subdivision
Application M-06-4, Negative Declaration ND-06-4. Property location:
15500 Francis Oaks Way. Property owner: Mike and Ann Moffat.
Applicant/Appellant: Tony Jeans. RESOLUTION 2009-099
2. Authorize sale of 576 West Parr Avenue (Unit 23) and 576 West Parr
Avenue (Unit 33), and direct staff to engage a real estate professional
to manage sale.
3. Adopt ordinance granting Town Manager temporary discretion
regarding enforcement of business related provisions of the Town
Code. ORDINANCE 2177
TOWN COUNCIL/REDEVELOPMENT AGENCY
4. Approve Council/Agency minutes of September 8, 2009.
MOTION: Motion by Vice Mayor Diane McNutt to approve Consent
Items #1-4 with acknowledgement of the Desk Items.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
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VERBAL COMMUNICATIONS
Mayor Page, City of Saratoga
• Commended the Town for providing the community with a new sports
facility.
• Commented that the West Valley cities have never had the space to
provide for a sports facility, congratulated the Council on their leadership
and stated that this is a stellar opportunity for the youth in the community
to participate in local organized sports.
• Commented that the City of Saratoga supports the purchase of the
property for a sports facility and offered their help if the Town needs it.
Mr. Davis
• Commented on selecting a proper name for the mountain above Town
and that he is against the proposed name of Collard’s Peak.
• Commented that the name should be about natural beauty and not about
any individual.
• Commented about the meeting at the City of Cupertino which discussed
the cement plant in the Cupertino foothills.
• Expressed concerns that there is a poisonous cloud from the cement plant
blowing over Cupertino, Los Altos, Los Gatos, and parts of San Jose.
Mr. Miller
• Thanked the Town, local schools, and community for their past and future
support of a Place for Teens.
Closed Verbal Communications
PUBLIC HEARINGS
5. Introduction of an ordinance amending Town Code Chapter 29,
Division 6, Sections 29.10.3000 through 29.10.3040 Housing
Assistance Program (Staff recommends continuance to October 5,
2009)
Mr. Larson, Town Manager
• Commented that staff recommended continuing the introduction of an
ordinance amending Town Code Chapter 29, Division 6, Sections
29.10.3000 through 29.10.3040 Housing Assistance Program to October
5, 2009.
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Public Hearing Item #5 – Continued
Open/Close Public Comments
MOTION: Motion by Council Member Joe Pirzynski to continue Item
#5 - Introduction of an ordinance amending Town Code
Chapter 29, Division 6, Sections 29.10.3000 through
29.10.3040 Housing Assistance Program to October 5,
2009.
Seconded by Council Member Steve Rice.
VOTE: Motion passed unanimously.
OTHER BUSINESS
TOWN COUNCIL
6. Consider staff report and recommendations regarding community and
youth sports facilities and acquisition of 2.7 acres from Verizon
Corporation at 930 University Avenue.
Staff report and made by Mr. Larson, Town Manager.
Open Public Comments
Mr. Davis
• Commented that Mr. Larson misrepresented the facts about the County’s
passive use policy and that was the reason the community lost the
property to the County.
• Questioned whether the Town knew about 930 University Avenue when
they were negotiating with the County over one year ago.
• Questioned why the interest on the $6,000,000 was only $75,000
and stated that the Town Treasurer reported 3.5% interest on Town
investments which should equal $200,000.
• Commented that 2.73 acres is only enough for one full size field and
another smaller field and that half of the property is for parking.
Mr. Davis received his first warning for disrupting the meeting.
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Other Business Item #6 – Continued
Mr. Larson
• Clarified that the amount of interest provided in the staff report was from
the Director of Finance and the funds were received by the County last
November. All Town funds that are in reserve are held in a special fund
called the Local Agency Investment Fund which is invested in the safest
instruments possible. The average interest rate for last year was 2.2% and
$75,000 is the interest that the Town received.
Mr. Mendoza
• Requested that Council support the resolution to purchase the property for
a sports use facility.
Ms. Ristow
• Commented on supporting the purchase of the property for sports use in
the community.
Mr. Alarcon
• Commented on supporting the purchase of the property for sports use in
the community.
• Questioned if the proposed site is in a flood zone.
Mr. Lortz
• Clarified that the site is not in the flood zone area.
Mr. Eberle
• Commented on supporting the purchase of the property for sports use in
the community.
• Commented that there may be more uses for the facility than just soccer.
Ms. Chen
• Commented on supporting the purchase of the property for soccer use in
the community.
Mr. Leonardis
• Thanked the Town and the Council for supporting sports use in the
community.
• Suggested synthetic turf for the proposed sports fields.
Mr. San Juan
• Thanked the Town and the Council for supporting soccer and sports use
in the community.
• Commented that the community has over 1800 youth that play soccer.
• Commented that there will be shared field space and that the soccer
organization would like to partner with the Town to create a positive sports
facility.
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Other Business Item #6 – Continued
Closed Public Comments
Council Discussions
• Questioned if staff could provide more information on the recreational
uses for the site.
Mr. Larson
• Clarified that staff is currently keying off of the General Plan Update
process which is starting the environmental review in the next few months
with a set of recreation related goals and polices and addressing youth
and senior needs.
• Commented that as part of the process staff conducted an inventory of
existing recreational assets in the community and will launch a design
process with stake holders from the community.
• Commented that the Town will create opportunities for the community to
be part of the design process.
MOTION: Motion by Vice Mayor Diane McNutt to approve staff report
and recommendations #1-5 regarding community and youth
sports facilities and the acquisition of 2.7 acres from Verizon
Corporation at 930 University Avenue.
Seconded by Council Member Joe Pirzynski.
Council Discussions
• Compared the facility to the excitement when Pac Bell Park opened in San
Francisco.
• Commented that the location for a sports facility is a dream come true.
• Questioned when the community can give input to the design of the
property.
• Questioned when and where the access possibilities to the site would be
determined.
• Commented on supporting the purchase of the property for a sports use
facility.
• Commented that the purchase of the property at Vasona was the stimulus
for what is going to be an ongoing and evolving process of developing
recreational uses within the Town.
• Commented on currently reaching out to the Town’s stakeholders
including Santa Clara County, Board of Supervisors, and the Santa Clara
Valley Water District to partner so the $6,000,000 can be leveraged.
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Other Business Item #6 – Continued
Council discussions - Continued
• Commented on maximizing the uses for the proposed property to the
greatest extent.
• Commented on partnerships with sports organizations in the community.
• Commented that the communitywide survey done within the last 6 years
indicated that sports facilities were one of the things that the Town lacked
most.
Mr. Larson
• Commented that the design and plan review, including public input will be
scheduled sometime in early 2010.
• Commented that there are discussions with the County and other
agencies to partner with the Town on options to access the site.
VOTE: Motion passed unanimously.
7. Adopt resolutions revising the enabling resolutions of the Arts
Commission, Community Services Commission, Parks Commission
and Transportation & Parking Commission; and revising public art
selection policies and procedures; and establishing attendance
requirements for Town commissions, committees, and boards.
RESOLUTIONS 2009-100, 2009-101, 2009-102, 2009-103, AND 2009-104
Staff report made by Regina Falkner, Community Services Department.
Council Comments
• Commented that incorporating the Arts Selection Panel within the Arts
Commission makes a lot of sense.
• Expressed concerns about reducing the commissions to quarterly
meetings and stated that, in general, commissions may not feel engaged
or connected to the organization due to the lag time between meetings,
and may have less familiarity with the issues.
• Commented that if a commissioner misses a meeting then they would not
meet for six months.
• Commented that the quarterly meeting format does not provide current
and valuable information to Council that is expected from the
commissions.
• Commented that the commissioners are the eyes and ears of the
community and share community values with the Council.
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Other Business Item #7 – Continued
Open Public Comments
Mr. La Veque
• Expressed concerns about reducing the meetings to quarterly.
• Commented that the Parks Commission meetings never last more than an
hour and are very productive.
• Requested that the Parks Commission be allowed to meet at least six
times per year.
Mr. Miller
• Expressed concerns that reducing the meetings may reduce public access
and public comments which are expressed at commission meetings.
• Urged Council not to support this part of the resolution.
Mayor Mike Wasserman
• Clarified that any commission can call special meetings to facilitate needs
or issues that arise.
Closed Public Comments
Council Discussions
• Questioned if the commissions have weighed in on the proposals for
quarterly meetings.
• Expressed concerns about staff time and budget concerns to facilitate
commission meetings.
• Recommended reducing the commission meetings to six per year.
• Questioned if the stimulus for making the recommendation is based on
staffing impacts and capacity due to the current fiscal crisis.
• Questioned if there was not a financial crisis and staffing was at capacity,
would the recommendation to reduce the meetings be a discussion.
• Suggested that the subject be further studied before moving forward with
the resolutions.
• Expressed concerns that reducing the number of meetings may have a
significant impact on community information provided to Council.
• Questioned if the reduction in meetings to ease demand on staff time is
significant enough to run the risk of losing community input.
• Suggested to further study the impacts that may result from the
recommendations and request that staff provide information from each
commission before Council makes a determination on the reduction of
meetings.
• Questioned if the commissions could provide input on the amount of
meetings they would need.
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Other Business Item #7 – Continued
Council Discussions - Continued
• Suggested moving forward with the recommendations to combine the Arts
Selection Panel and the Arts Commission and disband the Arts Selection
Panel.
Ms. Falkner
• Clarified that some of the commissions were given the opportunity to
provide input on the subject of reducing the number of meetings.
• Commented that the subject was discussed at the last
Council/Commission retreat and there were several different opinions for
the number of meetings that should be held.
Mr. Larson
• Clarified that following the last Council budget hearing and Council retreat,
the commissions were informed that as part of budget actions, staff would
be recommending to reduce the number of meetings for commissions.
• Commented that the Parks Commission and Transportation and Parking
Commission requested that they meet six times per year.
• Commented that as an example, the Library Board meets four times per
year and seems to be an effective commission.
• Commented that staff will continue to monitor the effectiveness of the
Library Board and report back to Council.
• Clarified that the benefits for the recommendations were based on budget
constraints and to make sure that the commissions are dealing with policy
matters that are making their way to Council, not staff work which is not an
appropriate role for commissions.
MOTION: Motion by Vice Mayor Diane McNutt to adopt resolutions
#1-5 as detailed in the staff report with the exception of
changing the frequency of meetings dates.
Seconded by Council Member Steve Rice.
Council Discussions
• Commented that the powers and duties section of the proposed
resolution is appropriate.
• Requested clarification that the Maker of the Motion was not proposing to
change the number of meetings or the number of commissioners at this
time.
• The Maker of the Motion stated that changing the frequency of the
meetings or the number of commissioners was not included as part of the
motion. The Seconder agreed.
• Consensus that staff seek validation from the commissions on the
frequency of the meetings.
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Other Business Item #7 – Continued
Mr. Larson
• Clarified that staff may schedule the discussions with each commission
and bring forward any recommended changes to Council at the next
commission retreat.
VOTE: Motion passed unanimously.
8. Introduce ordinance revising Town Code Section 14.110.015 regarding
the passage of Senate Bill 731 which regulates massage therapy
practitioners and therapists.
Staff report made by Captain Alana Forrest, Los Gatos-Monte Sereno Police
Department.
Council Comments
• Requested that staff correct a typo on Page 7 of the final version of the
ordinance.
Open/Closed Public Comments
Council Discussions
• Questioned a reason not to set a sunset period within the ordinance
language indicating that the State certification would be the only
certification the Town would accept.
• Questioned if this would be an opportunity to have the State regulate
massage therapists and not the Town.
• Questioned if there was any push back from the local therapists regarding
the State mandates.
Captain Forrest
• Clarified that the certification process is voluntary and the Town would not
want to require that massage therapists have to comply with a State
certification.
• Clarified that there is two levels of certification from the State, a 500 hour
and 250 hour requirement, and the Town has a 300 hour requirement. The
Town did not want to make it more difficult for the local therapists at this
time.
• Commented that this also gives the Town time to evaluate the State’s
process since it will be run through a non-profit governing board.
• Clarified that a majority of the local therapists would qualify for the 250
hour program mandated by the State, but may not want to re-apply and
pay fees until their current license is due.
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Other Business Item #8 – Continued
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to read the
title of the ordinance.
MOTION: Motion by Council Member Joe Pirzynski to waive the
reading of the ordinance.
Seconded by Council Member Barbara Spector.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Barbara Spector to introduce
ordinance revising Town Code Section 14.110.015 regarding
the passage of Senate Bill 731 which regulates massage
therapy practitioners and therapists.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
Mayor Mike Wasserman directed Jackie Rose, Clerk Administrator to publish
the ordinance.
REDEVELOPMENT AGENCY
9. 20 Dittos Lane
a. Staff recommends that the Agency Board adopt resolution approving
two related agreements that would facilitate an effort to acquire and
redevelop the approximately 1.58-acre parcel at 20 Dittos Lane.
RESOLUTION 2009-105
b. Authorize a budget adjustment to the FY 2009/10 Operating and
Capital Budget in the amount of $3,500,000 for estimated costs related
to the acquisition of the property located at 20 Dittos Lane, funded by
available fund balance in the Town of Los Gatos Redevelopment
Agency’s Low and Moderate Housing Fund.
Staff report made by Bud Lortz, Deputy Town Manager
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Other Business Item #9 – Continued
Open/Closed Public Comments
Council Discussions
• Commented that the property is considered a blight and would be an
opportunity for below market housing for the Town, and a good use of the
Town’s Redevelopment Agency funds.
• Commented that by paying the first payment of $75,000 Council would
have time to explore the proposal and all options.
• Questioned the $3.5 million adjustment to the budget and if Council was to
take smaller steps and move forward with $75,000 at a time would the
recommendation in the motion be different.
• Requested clarification as to where the $75,000 would be reflected in the
motion.
• Questioned if direction to staff regarding the process to “not move forward
without direction from negotiators” needs to be added to a motion.
• Questioned if Exhibits A & B in the staff report are not part of the motion,
but are direction from staff as a result of a motion.
• Requested clarification that the recommendation would require not only
the sub committee approval, but Council approval.
Mr. Lortz
• Clarified that the recommendation in the motion would be the same and
every step in the process would go through the subcommittee which
is Council Member Joe Pirzynski and Council Member Barbara
Spector.
• Clarified that the first step would be the $75,000 deposit.
Mr. Larson
• Clarified that the $75,000 deposit is encompassed in the resolution under
the assignment of payments.
• Clarified that encompassed in the Council discussion is direction from the
negotiators to not proceed with each additional expenditure without
direction from Council as part of the negotiations.
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Other Business Item #9 – Continued
Mr. Korb
• Clarified that there is clear direction from Council to staff regarding the
process steps and would not need to be added to a motion.
• Clarified that the recommendation that came forward was a resolution that
would approve Exhibits A and B and authorize the Town Manager to
execute the two agreements subject to the conditions in the two
agreements with additional direction to ensure that Council is
informed and have approval when moving forward with the additional
financial steps.
• Clarified that items appropriate for discussion in closed session would be
handled in closed session otherwise the items would be discussed in open
session.
• Clarified that staff understands Council’s direction and that Council should
weigh in on those additional steps required by the purchase agreement.
MOTION: Motion by Council Member Barbara Spector to adopt
resolution approving two related agreements that would
facilitate an effort to acquire and redevelop the
approximately 1.58-acre parcel at 20 Dittos Lane subject to
the approval of the full Council on the distributions
delineated in the contract.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
MOTION: Motion by Council Member Barbara Spector to authorize
a budget adjustment to the FY 2009/10 Operating and
Capital Budget in the amount of $3,500,000 for estimated
costs related to the acquisition of the property located at 20
Dittos Lane, funded by available fund balance in the Town of
Los Gatos Redevelopment Agency’s Low and Moderate
Housing Fund.
Seconded by Council Member Joe Pirzynski.
VOTE: Motion passed unanimously.
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Other Business Item #9 - Continued
Mr. Larson
• Requested confirmation from Council that the initial payments specified in
the agreement that are due on Friday are affirmed in the motion.
Consensus from Council affirming that the motion does confirm the payments
due on Friday, September 25, 2009.
ADJOURNMENT
Attest: /s/ Jackie D. Rose
Jackie D. Rose, Clerk Administrator