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M12-03-07 1 MINUTES OF THE TOWN COUNCIL/PARKING AUTHORITY/REDEVELOPMENT AGENCY DECEMBER 3, 2007 The Town Council of the Town of Los Gatos conducted a Regular Meeting on Monday, December 3, 2007 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 Joe Pirzynski, and Council Member Diane McNutt. Absent: None. PLEDGE OF ALLEGIANCE - LED BY FUTURE LEADER Patrick Nito, Los Gatos High School student and volunteer for the Town, led the Pledge of Allegiance. The audience was invited to pa rticipate. PRESENTATION Peggy Conaway, Library Director San Jose State - School of Library and Information Science Alumni Honoree Mayor Barbara Spector presented Peggy Conaway, Director of Library, with a commendation for the San Jose State Library Information Science Alumni award. Ms. Conaway  Thanked the Council for the commendation.  Expressed her appreciation to San Jose State for selecting her as a recipient of the award. 2 TOWN COUNCIL CONSENT ITEMS (TO BE ACTED UPON BY A SINGLE MOTION) 1. PPW Job No. 08-09 - Tree Pruning and Removal Project. a. Adopt resolution declaring Trugreen Landcare to be the lowest responsible bidder on the project and award a tree pruning and removal contract in the amount of $29,955. RESOLUTION 2007-125 b. Authorize staff to issue change orders to the contract up to an amount of $5,000. 2. Adopt resolution to abandon portions of an easement and accept new easements at 150 Winchester Circle (formerly 14300 Winchester Boulevard). RESOLUTION 2007-126 3. Approve Council minutes of November 27, 2007 Special Meeting. 4. Adopt resolution communicating support for a commemorative stamp in honor of Tom Bradley to the United States Postal Service Citizens Stamp Advisory Committee. RESOLUTION 2007-127 TOWN COUNCIL/REDEVELOPMENT AGENCY 5. Approve Council/Agency minutes of November 19, 2007. Mr. Davis pulled Consent Item #5. Mayor Barbara Spector stated that the pulled Consent Items will be heard after Other Business. Motion: Motion by Council Member Steve Glickman to approve Consent Items #1-4. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. 3 VERBAL COMMUNICATIONS Ms. D`Amore  Commented that she was not aware of changes to the massage Ordinance which was adopted on November 19, 2007. Mr. Korb, Town Attorney  Commented that the ordinance was introduced at a public hearing on November 5, 2007 and was adopted by Council on November 19, 2007.  Stated that the adopted Massage Ordinance will go into effect on December 19, 2007.  Commented that Council directed staff to develop an implementation plan for review at a future meeting.  Commented that members of the public may contact the Town Manager’s Office for information related to the implementation of the ordinance. Mr. Lowe  Commented that he would like to learn more about the Massage Ordinance and how it will affect his business. Ms. Ranger  Suggested that a grandfather clause be added to the ordinance.  Stated that she feels some HIPPA Laws are being neglected. Mr. Leonardis  Commented that he feels that the rebuttal argument written by the opponents is not factual.  Commented on the cost of other skate parks and organized sports programs. Mr. Davis  Commented that he felt he did not disrupt the meeting of November 19, 2007.  Commented about the release of information related to the petition for Measure D. Ms. Asplund  Commented about her experience as a massage therapist and that those in her profession could provide helpful feedback to the Town.  Commented that she attempted to contact the police department about the implementation of the Massage Ordinance, but has been unsuccessful. 4 Verbal Communications - Continued Ms. Valencia  Commented that the ordinance is vague and that implementation of the ordinance should not be managed by the police department. Mayor Barbara Spector  Clarified that the implementation plan would be reviewed by the Council and that copies of the adopted ordinance could be found on-line or by contacting the Clerk Department. Closed Verbal Communication. PUBLIC HEARINGS There were no public hearings scheduled for this meeting. OTHER BUSINESS 6. Approve the preliminary work plan for General Plan update. Staff report made by Bud Lortz, Director of Community Development. Council Comments  Requested clarification regarding the needs of youth and seniors and asked when Council would be provided a detailed report.  Indicated that the report should reflect community input and needs to be discussed by Council prior to the General Plan update. Mr. Lortz  Clarified that the preliminary background report is in the process. Council Comments  Questioned at what point the Council would become involved with the evaluation of the General Plan update.  Questioned the process for related needs assessments.  Stated that there should be opportunity for the community to be actively involved in the General Plan update process.  Suggested the formation of an adhoc committee for the General Plan update process. 5 Other Business Item #6 – Continued Mr. Lortz  Clarified that at its retreat, the Council indicated it was not in favor of proceeding with a General Plan update task force.  Commented about the public participation efforts and scheduled outreach meetings. Council Comments  Suggested that an advisory committee be formed as part of the update process.  Clarified the Council retreat discussion regarding the General Plan update.  Commented that the outreach should include a variety of community representatives.  Commented that Council should be cautious on how funds are spent to gain the knowledge for the reports to use as part of the update process.  Requested a flow chart that details the General Plan update process.  Questioned when the need/facility assessment information would be available for Council review. Mr. Lortz  Clarified the timeline and process for developing preliminary background information and a request for proposal and next steps.  Commented that a more detailed scope of work refined by the General Plan Committee, staff and community would be brought back to Council.  Stated that following the refined scope of work, staff would prepare a request for proposal to be returned to Council. Open Public Comment Mr. Davis  Commented that a study should be done to assess sports field needs in Town.  Suggested that the Vasona property be surveyed and would like to see public dialogue about the proposed sale.  Commented that the request from the Council to the County would allow the imposition of a fee to enter Vasona Park to drop off kids for soccer practice. 6 Other Business Item #6 – Continued Mr. Leonardis  Commented on the lack of recreation facilities and space for sports use in Los Gatos.  Would like to see sports need issues addressed in the General Plan update. Closed Public Comment Council Discussion  Commented that Council directed staff to fine tune the General Plan.  Suggested that the number of residents on the General Plan Committee be increased to serve as a committee for the General Plan update.  Suggested that the General Plan update process should include broad public outreach.  Suggested that there be clear distinction about sports facilities as to what is publicly provided verses what is privately provided.  Suggested that staff return to Council with a revised work plan before discussion of a formal proposal.  Clarified that an advisory committee would not take the place of community input and outreach.  Suggested that any advisory committee should include residents that do not typically participate on these types of committees. Mr. Lortz  Clarified that in addition to the preliminary work plan staff will provide a flow chart and time line which would be brought to Council as part of the request for proposal.  Clarified that staff will also return to Council with advisory committee alternatives for further discussion. MOTION: Motion by Vice Mayor Mike Wasserman to approve the preliminary work plan for General Plan update with the following recommendations:  Provide a preliminary work plan including a flow chart and time line.  Provide a concept relating to advisory committees for community input. Motion failed due to lack of second. 7 Other Business Item #6 – Continued MOTION: Motion by Council Member Diane McNutt to return to Council with a revised preliminary work plan that includes the following recommendations:  Inclusion of a flow chart and time line for product delivery and development of an advisory committee concept. Seconded by Council Member Steve Glickman. Council Discussion  Commented that a selection process for the advisory committee be brought back to Council.  Commented that the Town should look to partnerships in the community to fill gaps relating to sports use facilities.  Commented on the importance of providing the community with a variety of sports uses and the cost of these services to taxpayers. VOTE: Motion passed unanimously. TOWN COUNCIL/REDEVELOPMENT AGENCY 7. Direct staff to negotiate an agreement to loan $777,700 of Redevelopment Agency Low and Moderate Income Housing Fund Monies to Senior Housing Solutions to acquire and rehabilitate a home to provide five units of very low income senior housing. Council Member Diane McNutt recused from the issue due to her involvement with Senior Housing Solutions. Staff report Made by Bud Lortz, Director of Community Development. Council Comments  Clarified that the Town is spending only 10% of the housing portion of redevelopment funds.  Would like to see a more pro-active approach regarding the use of redevelopment funds for affordable housing needs. 8 Other Business Item #7 – Continued Mr. Lortz  Commented that the Town has hired Seifel and Associates to assist the Town with developing affordable housing strategies regarding the use of the remaining redevelopment funds.  Commented that staff will return to Council with a report outlining suggested strategies for the use of the redevelopment funds. Open Public Comment Mr. Campbell  Commented about the concept of the Senior Housing Program and the need to provide a positive quality of life for seniors.  Commented that the first project in Los Gatos was the proto-type for the entire program. Closed Public Comment MOTION: Motion by Council Member Joe Pirzynski to direct staff to negotiate an agreement to loan $777,700 of Redevelopment Agency Low and Moderate Income Housing Fund Monies to Senior Housing Solutions to acquire and rehabilitate a home to provide five units of very low income senior housing. Seconded by Council Member Steve Glickman. Council Discussion  Questioned if Council would give thought to providing assistance to group homes that are available in the community which address the needs of the developmentally disabled population. VOTE: Motion passed unanimously. Council Member Diane McNutt returned to the meeting. 9 PULLED CONSENT ITEM 5. Approve Council/Agency minutes of November 19, 2007. Mr. Davis  Commended Mayor Barbara Spector on her meeting management abilities.  Commented that he feels that he did not disrupt the November 19, 2007 meeting, and feels that he should not have been asked to leave. MOTION: Motion by Vice Mayor Mike Wasserman to approve Council/Agency minutes of November 19, 2007. Seconded by Council Member Joe Pirzynski. VOTE: Motion passed unanimously. COUNCIL/TOWN MANAGER REPORTS 8. Council Matters. Council Member Steve Glickman  Commented about the letter addressed to the Clerk Administrator concerning the petition for Measure D.  Requested that action be taken to close the issue. 9. Manager Matters None this evening. ADJOURNMENT Attest: Jackie D. Rose, Clerk Administrator