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M 02-16-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY February 16, 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 7:38 p.m., Tuesday, February 16, 1993, in regular session. ROLL CALL Present:Randy Attaway, Linda Lubeck, Patrick O'Laughlin and Mayor Joanne Benjamin. Absent:Steven Blanton PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION (00.10) Jim 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), regarding Pending Litigation to discuss City of Cupertino, Town of Los Gatos, et al. vs. City of San Jose, et al., Santa Clara County Superior Court Case No. 723220. Discussion entailed the validity of the City of San Jose's Landfill Tax and steps to be taken for litigation of this issue. Pursuant to Government Code Section 54957 to discuss a Personnel issue. Council considered the selection of a new Town Attorney. The review of resumes and process of selection for the appointment were discussed. RENT ADVISORY COMMITTEE/APPOINTMENTS (24.20) Mayor Benjamin announced that four applications had been received for two vacancies on the Rent Advisory Committee from William Errico, Lisa Meddows, David Smith and Oksana Stowbunenko. Voting was held and Mr. Errico and Ms Meddows were reappointed to terms expiring March 1, 1996. PRESENTATION/COMMENDATION/BUD CHRISTENSEN/PARKING COMMISSION (00.20) Mayor Benjamin presented a Town Commendation to Bud Christensen for his years of TC:D5:MM021693 service on the Parking Commission. Mr. Christensen received his recognition and thanked Council. COPY MACHINE/PARKS, FORESTRY & MAINTENANCE SERVICES DEPARTMENT (01.28) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council award Bid to Better Office Systems for the purchase of a Ricoh 5733 Copy Machine in the amount of $8,696.29 without trade-in. Carried by a vote of 4 ayes. Mr. Blanton was absent. TC:D5:MM021693 February 16, 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 Mrs. Lubeck, that Council approve the recommended action concerning County Referrals: Referral # Location Applicant Request Recommendation a.Projects Outside Urban Service Area: 5435 Blackberry Hill Rd.Navico, Inc.Building Site Approval/4 conditions Grading/Design Review c.Status of Previous Referrals/Appeals: 1423 14926 Diduca Way McNabb Design Review n/a Carried by a vote of 4 ayes. Mr. Blanton was absent. PAYROLL/RATIFICATION/JANUARY 1993 (04.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for payroll of January 17 through January 30, 1993 in the amount of $228,424.49, paid on February 5, 1993. Carried by a vote of 4 ayes. Mr. Blanton was absent. ACCOUNTS PAYABLE/RATIFICATION/JANUARY 1993 (05.V) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council ratify accompanying check registers for accounts payable invoices in the amount of $340,697.71 paid on January 29, February 5 and 8, 1993. Carried by a vote of 4 ayes. Mr. Blanton was absent. CLAIMS/MARK & RUTHANNE MANDER (07.01) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council reject the claim of Mark and Ruthanne Mander filed January 20, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr. Blanton was absent. AMICUS/ODEN V. BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RIVERSIDE COUNTY, ET AL. (08.01) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize participation as amicus curiae in the appeal of the case of Oden v. Public Employment Retirement System to the California Court of Appeal. Carried by a vote of 4 ayes. Mr. Blanton was absent. LIBRARY/CONSTRUCTION & RENOVATION/APPLICATION TO STATE (09.44) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council authorize Mayor to send TC:D5:MM021693 February 16, 1993 Los Gatos, California a letter to the State Library indicating that the Town's application for Library Construction and Renovation Bond funds remains valid. Carried by a vote of 4 ayes. Mr. Blanton was absent. CIVIC CENTER/STRUCTURAL EVALUATION REPORT/9302 PROJECT (10.44) This item was removed from the agenda. 9303 PROJECT/COMPLETION NOTICE/TREE PRUNING & REMOVAL (11.27) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve Certificate of Acceptance and Notice of Completion and authorize the Town Manager to execute and Town Clerk to record a Certificate of Acceptance and Notice of Completion for Project 9303 "C" and "D" - Tree Pruning and Removals. Carried by a vote of 4 ayes. Mr. Blanton was absent. TC:D5:MM021693 February 16, 1993 Los Gatos, California PARKING AMENDMENTS/DOWNTOWN SPECIFIC PLAN (12.46) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council direct the Planning Commission to consider the amendments to the Downtown Specific Plan recommended by the Parking Commission related to priority of parking lot construction and report its findings and recommendation to the Town Council no later than July 1, 1993. Carried by a vote of 4 ayes. Mr. Blanton was absent. YEARS OF SERVICE/TOWN EMPLOYEES/ALBERT TERRA/WAYNE SAINDON MICHAEL LAROCCA/LEE DAL CANTO/RESOLUTIONS 1993-24, 25, 26 & 27 (13.43) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-24 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING WAYNE SAINDON FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-25 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING LEE DAL CANTO FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING AL TERRA FOR 30 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Blanton was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING MICHAEL LAROCCA FOR 25 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Blanton was absent. AMERICAN DISABILITIES ACT SUB-COMMITTEE/RESOLUTION 1993-28 (14.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE AMERICANS WITH DISABILITIES ACT SUB-COMMITTEE FOR THEIR SERVICES TO THE TOWN. Carried by a vote of 4 ayes. Mr. Blanton was absent. ROOFING MATERIALS/ORDINANCE 1931/HAZARDOUS FIRE AREA (16.13) TC:D5:MM021693 February 16, 1993 Los Gatos, California Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Ordinance 1931 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 9 OF THE TOWN CODE REGULATING THE INSTALLATION OF ROOFS IN THE HAZARDOUS FIRE AREA AND CHAPTER 6 OF THE TOWN CODE REGULATING THE INSTALLATION OF ROOFING TILES OVER EXISTING WOOD ROOFS, noting that there was a desk item before Council with the corrected version. Carried by a vote of 4 ayes. Mr. Blanton was absent. TC:D5:MM021693 February 16, 1993 Los Gatos, California AMERICANS WITH DISABILITIES ACT/TOWN COMPLIANCE/HEARING (17.13) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Town of Los Gatos Transition Plan for the identification and elimination of physical obstacles in the Town's facilities as per Americans with Disabilities Act, Title II requirements. The following people from the audience spoke to this issue: Jim Lewis, Committee representative, spoke favorably of the work done by the Committee and the Appeals Board, and requested that Council focus on a transition plan. He volunteered to work on program accessibility with staff. Terry Simpson, rehabilitation counselor and Committee member, is willing to continue to help with the transition plan and ADA compliance. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, to close the public hearing. Carried by a vote of four ayes. Mr. Blanton was absent. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council direct staff to prepare draft of Americans with Disabilities Act - Title II, Transition Plan. Carried by a vote of four ayes. Mr. Blanton was absent. Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council direct staff to prepare recommendations for Capital Improvement Program funding allocation. Carried by a vote of four ayes. Mr. Blanton was absent. STREET NAMING/CALLE DE LOS GATOS/STATION WAY/HEARING (18.01) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider alternate names for Calle De Los Gatos. The following people from the audience spoke to this issue: Phil Brouwer, 10 Station Way, Accent on Rugs, requested that Council retain the name Station Way for the area fronting his business location. Leslie Dill, 220 Wilder Ave, Historic Preservation Committee, requested consideration of Station Way for the name of the old railroad right-of-way. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of four ayes. Mr. Blanton was absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council rename Calle De Los Gatos to "Station Way" from Main to Andrews. Carried by a vote of four ayes. Mr. Blanton was absent. TC:D5:MM021693 February 16, 1993 Los Gatos, California MINUTES OF FEBRUARY 1, 1993 (19.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to approve the Minutes of February 1, 1993 as submitted. Carried by a vote of 4 ayes. Mr. Blanton was absent. TREASURER'S REPORT/DECEMBER 1993 (20.V) Informational report submitted by the Treasurer to the Council for the month of December 1993, received and filed. TC:D5:MM021693 February 16, 1993 Los Gatos, California BUDGET/MID-YEAR REPORT/92-93 (06.06) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the 1992-93 mid year budget report. Carried by a vote of 4 ayes. Mr. Blanton was absent. LIBRARY/AUTOMATION SYSTEM/RESOLUTION 1993-29 (15.44) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH JOSEPH FORD AND ASSOCIATES FOR LIBRARY AUTOMATION CONSULTANT SERVICES, and to include the following on page 3 of 5 of the agreement, "Consultant will have no conflict of interest with any potential vendor." Carried by a vote of 4 ayes. Mr. Blanton was absent. GEOMATRIX CONSULTING/LOT 4/OFF-SITE MONITORING/RESOLUTION 1993-30 (21.35) Motion by Mr. Attaway, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AMENDED AGREEMENT WITH GEOMATRIX CONSULTANTS, INCORPORATED FOR OFF-SITE MONITORING SERVICES FOR PARKING LOT IV. Carried by a vote of 4 ayes. Mr. Blanton was absent. BONDS REQUIRED OF TOWN OFFICIALS (22.10) The Mayor requested that the Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to waive the reading of the Draft Ordinance. Carried by a vote of four ayes. Mr. Blanton 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, SECTION 2.30.015, OF THE TOWN CODE RELATING TO THE BONDS REQUIRED OF CERTAIN TOWN OFFICIALS. Carried by a vote of four ayes. Mr. Blanton was absent. COUNCIL POLICY/EDITORIALS (23.10) Council commented on the pros and cons of Councilmembers writing newspaper opinion statements and consensus was that individual Councilmembers may continue this practice but should practice curtesy to one another by notifying the others of their intentions. Council also requested continued discussion of this subject at the Council Special Meeting on Feb. 20, 1993. COUNCIL COMMITTEES (24.10) Mayor Benjamin asked that the topic of recognition for volunteer service be discussed at the Council Special Meeting February 20, 1993 and expressed appreciation for the service given by the Lions Club for the painting of the storm drains with the "Water Runs to the Bay" signs. TC:D5:MM021693 February 16, 1993 Los Gatos, California ADJOURNMENT Mayor Benjamin adjourned this evening's meeting at 8:24 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM021693