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M 04-05-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING April 5, 1993 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:42 p.m., Monday, April 5, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, and Mayor Joanne Benjamin. Absent:Patrick O'Laughlin. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION James Jackson, Interim Town Attorney, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a), to discuss Pending Litigation regarding Town v. Charles Zaloumis, et al. There is no report from that discussion at this time. Pursuant to Government Code Section 54957 Council met to discuss Personnel item regarding Town Attorney Selection. There is no report at this time. Pursuant to Government Code Section 54956.9(a), the subject of Pending Litigation regarding McNelly v. Town of Los Gatos will be discussed after this evening's meeting. Pursuant to Government Code Section 54956.9(b), Council will meet to discuss Threat of Litigation regarding a matter involving a significant exposure to litigation after this evening's meeting. RENT ADVISORY COMMISSION/COMMENDATION/JOURDAN CLISH (00.43) Mayor Benjamin presented a commendation to Jourdan Clish of the Rent Advisory Commission for his service as commissioner to the Town and his help with the Mobile Home Ordinance. Mr. Clish thanked Council for the recognition. TC:D5:MM040593 PARK COMMISSION/COMMENDATION/SUSAN HUNTLEY (000.20) Mayor Benjamin presented a commendation to Susan Huntley of the Park Commission for her years of service as commissioner to the Town. Ms Huntley thanked Council for this recognition. ENFORCEMENT TECHNOLOGIES/PARKING CITATIONS/RESOLUTION 1993-40 (01.09) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1993-40 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH ENFORCEMENT TECHNOLOGIES TO PROCESS PARKING CITATIONS. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California SCHEDULE OF PUBLIC HEARINGS (02.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (03.47) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the recommended action concerning County Referrals: Referral #Location Applicant Request Recommendation CP93-03-012 Samaritan Drive Plum Tree Convalescent Hospital Expansion Approval None Guadalupe Mines Road Guadalupe Rubbish Disposal Notice of Preparation N/A Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (04.47) Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS (05.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/MARCH 1993 (06.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify the accompanying check registers for payroll of February 28 through March 13, 1993 in the amount of $210,879.31 paid on March 19, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1993 (07.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ratify accompanying check registers for accounts payable invoices in the amount of $570,628.32 paid on March 12, 19 and 26, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. CLAIM REJECTION/KARRYL TURNEY (08.01) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council reject the claim of Karryl TC:D5:MM040593 April 5, 1993 Los Gatos, California Turney filed March 1, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TREE CITY USA/TOWN OF LOS GATOS/CALIFORNIA DEPT OF FORESTRY (09.26) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council accept report designating the Town of Los Gatos "Tree City U.S.A." Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SANTA CRUZ AVE S 142/TOLL HOUSE/HISTORIC DESIGNATION/FEE DEFERMENT (10.09) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve Robert Rauh's request to defer payment of an Architecture and Site application fee for 142 S. Santa Cruz Ave. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California LEXINGTON RESERVOIR/POWER BOATS/RESTRICTIONS/RESOLUTION 1993-41 (12.26) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-41 entitled, RESOLUTION OF THE TOWN OF LOS GATOS FINDING THE USE OF POWER BOATS ON LEXINGTON RESERVOIR TO BE A BURDEN ON POLICE SERVICES AND NOT IN THE BEST INTEREST OF THE PUBLIC HEALTH, SAFETY AND WELFARE OF LOS GATOS. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Tom Linden, 20075 Old Santa Cruz Highway, President of the Lexington Hills Association, spoke in favor of this resolution and thanking the Council and Police Department for their continued concern regarding this subject. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 1/RESOLUTION 1993-42 (13.04) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-42 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE ENGINEER OF WORK AND DIRECTING THE FILING OF AN ANNUAL REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 1. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT 2/RESOLUTION 1993-43 (14.04) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-43 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE ENGINEER OF WORK AND DIRECTING THE FILING OF AN ANNUAL REPORT FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. HISTORIC PRESERVATION/FUND MATCHING GRANT/RESOLUTION 1993-44 (15.15) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-44 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONCERNING THE FILING OF AN HISTORIC PRESERVATION FUND GRANT APPLICATION. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. MAIN ST W 131/RANKIN BUILDING/ARCH. DETAILING/RESOLUTION 1993-45 (16.09) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-45 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DELETING ARCHITECTURAL DETAILING PREVIOUSLY REQUIRED FOR AN EARTHQUAKE DAMAGED HISTORIC COMMERCIAL BUILDING IN THE C-1 LHP ZONE, EARTHQUAKE ARCHITECTURE AND SITE APPLICATION ES-90-23C. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. WEDGEWOOD MANOR/ZONING ORD. AMENDMENT/A-92-10/ORDINANCE 1934 (20.46) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Ordinance 1934 TC:D5:MM040593 April 5, 1993 Los Gatos, California entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE SECTION 29.10.260 CONCERNING THE RECONSTRUCTION OF NONCONFORMING MULTIPLE-FAMILY DWELLING UNITS. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California PUBLIC URINATION/DEFECATION/TOWN CODE AMENDMENT/ORDINANCE 1935 (21.46) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Ordinance 1935 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VII, SECTIONS 18.80.010 AND 18.80.020 TO CHAPTER 18 OF THE TOWN CODE PROHIBITING PUBLIC URINATION OF DEFECATION. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. HEARINGS TRAFFIC IMPACT MITIGATION FEES/HEARING (22.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adoption of resolution revising Town-Wide Traffic Impact Mitigation Fees. The following person spoke to this issue. Laura Litzinger, 14260 Mulberry Drive, representative for NAIOP, an association for commercial real estate spoke against the changes in traffic fees and would like to see the elimination of all traffic fees. The organization would much prefer to see the fees be set on trip estimation rather than on square footage. No one else from the audience spoke to this subject. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Council comments: Mayor Benjamin proposed no change in fees for a year. Mr. Blanton spoke about the discouraging aspect of prohibitive fees for small businesses. Mrs. Lubeck agreed to waiting a year to consider what might be equitable but at the same time not anti-business. Mr. Attaway would like to consider ways to support business, not discourage it. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council not amend traffic impact mitigation fees at this time, but Council will reconsider this subject before budget hearings next year. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. GENERAL PLAN AMENDMENT/GP-92-4A/ZONE CHANGE/Z-92-4/HEARING (23.09) Consider an amendment to the Land Use Element of the General Plan and to change the zoning designation of 15680 and 15690 Winchester Boulevard currently single-family TC:D5:MM040593 April 5, 1993 Los Gatos, California dwellings from Office Professional to Single-family Residential 0 to 5 units per acre (R- 1:8000), General Plan Amendment GP-92-4A, Zone Change Z-92-4 and Negative Declaration ND-92-2. No significant environmental impacts have been identified and a Negative Declaration is recommended. Applicant, Town of Los Gatos. The following person spoke to this issue: Thomas Wallace, 15680 Winchester Blvd., also speaking for Orison Wallace, requested zoning remain as it is and that no change be made to this area. No one else addressed this issue. TC:D5:MM040593 April 5, 1993 Los Gatos, California HEARINGS CONTINUED GENERAL PLAN AMENDMENT/GP-92-4A/CONT. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council deny the proposed zone change. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. GENERAL PLAN AMENDMENT/GP-93-1/ZONE CHANGE/Z-93-1/HEARING (24.09) Consider an amendment to the Land Use Element of the General Plan and to change the zoning designation of 15981 Winchester Boulevard, currently a single-family dwelling, from Office Professional to Single-family Residential 0 to 5 per acre (R-1:8000), General Plan Amendment GP-93-1, Zone Change Z-93-1 and Negative Declaration ND-92-2. No significant environmental Impacts have been identified and a Negative Declaration is recommended. Applicant, Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council make the Negative Declaration. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no in the interest of keeping clarity of use within already established zoned districts. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council find that a General Plan Amendment is not required, and the proposed zone change is consistent with the General Plan. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no in the interest of keeping clarity of use within already established zoned districts. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 126 FROM 0-LHP TO R-1:8000-LHP FOR 15891 WINCHESTER BOULEVARD, which TC:D5:MM040593 April 5, 1993 Los Gatos, California effectuates Zone Change Application Z-93-1. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no in the interest of keeping clarity of use within already established zoned districts. TC:D5:MM040593 April 5, 1993 Los Gatos, California HEARINGS CONTINUED GENERAL PLAN AMENDMENT/GP-93-2/ZONE CHANGE/Z-93-2/HEARING (25.09) Consider an amendment to the Land Use Element of the General Plan to change the zoning designation of 698-708 Winchester Boulevard (University Oaks Condominium) from Office Professional to Multiple Family Residential 5-12 units per acre (R-M:5-12), General Plan Amendment GP-93-2, Zone Change Z-93-2 and Negative Declaration ND-92-2. No significant environmental impacts have been identified and a Negative Declaration is recommended. Applicant, Town of Los Gatos. There was no one from the audience to address this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council make the Negative Declaration. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council find that a General Plan Amendment is not required, and the proposed zone change is consistent with the General Plan. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 126 FROM 0 TO RM:5-12 FOR 698 - 708 WINCHESTER BOULEVARD, (UNIVERSITY OAKS CONDOMINIUMS), which effectuates Zone Change Application Z- 93-2. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no in the interest of keeping clarity of use within already established zoned districts. STORM WATER MANAGEMENT/NON-POINT SOURCE/ASSESSMENT/HEARING (26.37) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider 1993-94 Storm Water Management Program, (Non-Point Source) proposed budget and assessment fee increase. There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. TC:D5:MM040593 April 5, 1993 Los Gatos, California Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve the proposed 1993-94 Storm Water Management "Program" Budget and Assessment Fee Increase. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California MINUTES OF MARCH 15, 1993 (27A.V) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve the Minutes of March 15, 1993 as corrected on page 1 under the Parks Commission to read, "Voting was held and Mr. Bomberger was reappointed and Ms Easter appointed to terms expiring April 1, 1997." Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. MINUTES OF MARCH 18, 1993 (27B.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of March 18, 1993 as submitted. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. HISTORIC DESIGNATION/ZONING ORDINANCE AMENDMENT/A-92-11 (28.46) Mayor Benjamin stated that this was the time and place duly noted to consider introducing ordinance amending Section 29.10.020 of the Town Code changing the qualification date of an historic structure from prior to 1917 to prior to 1941, Zoning Ordinance Amendment A-92- 11. Applicant, Town of Los Gatos. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this item to May 17, 1993 during which time the Town's "Design Guidelines" will be redistributed to Council, and Council will take it upon itself to discuss its questions with staff and the Historic Preservation Committee. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. RETIREMENT PLAN/REPEALING SECTIONS/TOWN CODE AMENDMENTS (29.10) The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council waive the reading of the draft ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, AMENDING CHAPTER 2, ARTICLE III, DIVISION 5 OF THE TOWN CODE REGULATING TOWN'S RETIREMENT PLAN BY REPEALING SECTIONS 2.30.705, 2.30.715, 2.30.725, 2.30.730, 2.30.735, 2.30.740, 2.30.745, 2.30.750, 2.30.755, 2.30.760, 2.30.765, 2.30.770, 2.30.775, 2.30.780, 2.30.785, 2.30.790, 2.30.795, 2.30.800, 2.30.805, 2.30.810, 2.30.815, AND 2.30.820, AND RENUMBERING SECTION 2.30.710 TO 2.30.705 AND AMENDING AND RENUMBERING SECTION 2.30.720 TO 2.30.710. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. INTERMODAL SURFACE/TRANSPORTATION/ISTEA/MEASURE "A" (11.39) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council support using ISTEA funds for Measure A transit projects and authorize the Mayor to sign letter to CMA advising of Town Council's position. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California LOS GATOS BOULEVARD/STREET WIDENING/PROJECT/RESOLUTION 1993-46 (17.35) CONSULTANT SERVICES/PROPERTY ACQUISITION Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY BETWEEN SAMARITAN DRIVE AND LARK AVENUE. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California LOS GATOS BLVD. CONT. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize Town Manager to accept deeds subject to right-of-way agreement. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize expenditure of $8,500 from Account 480SLGWD. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. OUTPLACEMENT SERVICES/DAVID M. GRIFFITH/RESOLUTION 1993-47 (18.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-47 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. FOR OUTPLACEMENT SERVICES, and authorize funding from the PERS Reserve Account. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. PERSONAL COMPUTERS/SOFTWARE/RESOLUTION 1993-48 (19.28) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993-48 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO PURCHASE PERSONAL COMPUTERS AND RELATED EQUIPMENT FROM WOLF COMPUTER AND PURCHASE SOFTWARE THROUGH THE INFORMAL BID PROCESS IN A TOTAL AMOUNT NOT TO EXCEED $25,500, and authorize a reduction in the Equipment Replacement Reserve Account by $25,500 and an increase in the General Town Administration (GTA) Account (1111-77500) by $25,500. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. STREET IMPROVEMENT COSTS/REIMBURSEMENT BY DEVELOPER/LAND ACQUISITION ORDINANCE 1939 (30.35) The Town Clerk read the Title of the Draft Urgency Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Draft Urgency Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce and adopt Urgency Ordinance 1939 entitled, URGENCY ORDINANCE OF THE TOWN OF LOS GATOS CHAPTER 23, ARTICLE V OF THE TOWN CODE REGARDING REIMBURSEMENT FOR STREET IMPROVEMENT COSTS PREVIOUSLY PAID FOR BY THE TOWN. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM040593 April 5, 1993 Los Gatos, California SKATEBOARDING/IN-LINE SKATING/ROLLER SKATING/CODE AMENDMENTS (31.46) The following person addressed Council on this issue. Kurt Lemons, 18162 Eileen Court, Redwood Estates, spoke against the destruction that the skateboarders are doing to private property with no apparent concern for what they have done. Benches, curbs, planting boxes, cement curbs, and low walls are mutilated and difficult to repair. The safety issue is also reason for concern. No one else spoke to the issue. TC:D5:MM040593 April 5, 1993 Los Gatos, California SKATEBOARDING CONT. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to continue this item to April 19, 1993, at which time it shall return as an urgency ordinance with a map delineating the area under restriction. (C-2 Zone and public parking lots) The businesses impacted by the ordinance will be notified and allowed input into the formulation of the ordinance and its boundaries. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SIGN REQUIREMENTS/SPECIAL EVENTS/ZONING AMENDMENT (32.46) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council initiate an amendment to the zoning ordinance and refer to the Planning Commission for hearing. Ordinance would restrict to one the display of temporary signs for all special events whether or not a special events permit is required. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. GEOGRAPHIC INFORMATION SYSTEM/GIS/PERMIT TRACKING SYSTEM (33.28) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve purchase of "Tier II" "Permits"/GIS software and support. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council increase Building/Engineer Capital Purchase budget 3420-77000 by $66,670. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council increase miscellaneous revenue 100-48609 by $14,800 - San Jose Water Refund. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council decrease the accounts by the amounts stated in the Council report. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Council consensus to direct staff to prepare contracts for approval at april 19, 1993 Council meeting. BLOSSOM HILL ROAD 800/THE TERRACES/BELOW MARKET RATE/AGREEMENT RESOLUTION 1993-49 (34.19) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A BELOW MARKET RATE AGREEMENT WITH AMERICAN BAPTIST HOMES OF THE WEST FOR THE TERRACES, 800 BLOSSOM HILL ROAD. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton abstained due to the fact that his living directly across the street from the project poses a possible conflict of interest. TC:D5:MM040593 April 5, 1993 Los Gatos, California ADJOURNMENT Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this meeting at 9.33 p.m. to Closed Session to discuss McNelly v. the Town and Significant Exposure to Litigation as announced at the beginning of this evening's meeting in the Closed Session report. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM040593