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M 05-15-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 15, 1995 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 7:35 p.m., Monday, May 15, 1995, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck (arrived at 7:37 p.m.) and Mayor Patrick O'Laughlin. Absent:Joanne Benjamin. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Mayor O'Laughlin noted that Council had not met in Closed Session prior to this evening's meeting. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PAYROLL RATIFICATION/APRIL 1995 (02.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the check register for the payroll of April 9 through April 22, 1995 paid on April 28, 1995 in the amount of $202,240.20. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. ACCOUNTS PAYABLE/RATIFICATION/MAY 1995 (03.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on April 28, April 30, May 5 and May 12, 1995 in the amount of $680,169.21. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. MINUTES OF MAY 1, 1995 (04.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the Minutes of May 1, 1995 as submitted. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. PAVEMENT MANAGEMENT/METROPOLITAN TRANSPORTATION COMMISSION (05.28) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept and file report from Metropolitan Transportation Commission regarding pavement management. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. TC:D7:MM051595 May 15, 1995 Los Gatos, California MUSIC IN THE PLAZA-1995/DOWNTOWN ASSOCIATION (06.XX) Council consensus to postpone this item to a later agenda per staff's request. OUTREACH & ESCORT INC./TRANSIT ASSIST/WEST VALLEY CITIES (07.19) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify Bid Proposal to Outreach & Escort Inc. for Providing Paratransit Services to the West Valley Cities effective July 1, 1995. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. A PLACE FOR TEENS/FIVE YEAR FISCAL PLAN (08.44) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept A Place for Teens five-year fiscal plan. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. HOUSING REPORT/FOR THE YEAR/1990-1994 (09.19) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept and file informational report regarding annual housing report and implementation of the Housing Element. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. GEOGRAPHIC INFORMATION SYSTEM/FUND TRANSFERS (10.28) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council accept report recommending transfer of funds to support the next increment of the Town's Permit Tracking and Geographic Information System with fund transfers as shown in the staff report. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. MAZE AND ASSOCIATES/AUDITING SERVICES/RESOLUTION 1995-51 (11.06) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1995-51 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A CONTRACT WITH MAZE AND ASSOCIATES TO PROVIDE AUDITING SERVICES FOR FISCAL YEARS 1994-95 AND 1995-96. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. POLICE PATROL VEHICLE EQUIPMENT/LIGHTBARS/RESOLUTION 1995-52 (12.28) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1995-52 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH L.C. ACTION POLICE SUPPLY OF SAN JOSE FOR PURCHASE OF PATROL VEHICLE EQUIPMENT FOR TWELVE (12) 1995 MODEL CHP CLASS "E" SPECIAL SERVICE VEHICLES. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. SANTA CLARA COUNTY GENERAL PLAN/SUPPORT AB 1340/RESOLUTION 1995-53 (13.21) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1995-53 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING AB 1340 AND REQUESTING AMENDMENT TO INCLUDE SANTA CLARA COUNTY AND ALL OF ITS CITIES FOR THE PURPOSES OF IMPLEMENTING THE NEWLY ADOPTED SANTA CLARA COUNTY GENERAL PLAN. Carried by a vote of 3 ayes. Mrs. Benjamin and Mrs. Lubeck were absent. TC:D7:MM051595 May 15, 1995 Los Gatos, California VERBAL COMMUNICATIONS: Sign Ordinance: Larry Paulding, 297 Carlton Way, requested Council consider amending the sign ordinance to specifically inhibit a large sign which may face into his immediate neighborhood. Mayor referred this subject to staff to be reviewed by Planning Commission. HEARINGS SANTA CRUZ AVE N 664/APARTMENT COMPLEX/R&M PROPERTIES/APPEAL (14.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider request to maintain an eight unit apartment complex in the C-1 zone back to staff. Conditional Use Permit Application U-94-4. Property located at 664 N. Santa Cruz Ave. Property Owner: R&M Properties. The following person from the audience spoke to this issue: Bill Mason, 156 Euclid Ave., spoke of the proposed project moving forward and explained the safety measures taken so as to keep the housing available until the new project can move forward. 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 4 ayes. Mrs. Benjamin was absent. Motion by Mrs. Lubeck, failed for lack of second. That Council reverse the decision of the Planning Commission finding that there was a policy over which the Commission did not have discretion to modify or address but for which the Council could address the issue of bringing the units up to minimum health and safety requirements predicated on the applicant meeting the following requirements: Correction work completed by July 1, 1995; Required parking is supplied or units reduced from eight to five; Information regarding rents be supplied to identify below market housing for the Town; All applications for permits be submitted in a timely manner by the applicant; Nine months from today application be returned to Council for progress review. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that minimum health and safety standards be met; project to be reviewed by Council in eight months (January 17, 1996); Council be appraised of progress along the way; information regarding rents be supplied to identify below market housing; and finding that there was an issue over which the Commission did not have discretion to modify or address but for which the Council could address--the issue of bringing the units up to minimum health and safety requirements. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. CERRO VISTA COURT 15959/SECONDARY UNIT/APPEAL (15.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider an appeal of a Planning Commission decision to approve a request to construct an accessory living quarters (without kitchen) on property in the HR-1 Zone. Conditional Use Permit Application U-95-5. Property Address: 15959 Cerro Vista Court. Property Owner: Steven Troy. Applicant: Terry Martin, Assoc. Appellant: David Graubard. TC:D7:MM051595 May 15, 1995 Los Gatos, California HEARINGS CONTINUED CERRO VISTA COURT CONT. Consensus of Council to withdraw this appeal from the calendar in accordance with the appellant's request. Mayor O'Laughlin first asked if there were any people in the audience who cared to speak to the issue. There were none. CAPITAL IMPROVEMENT PROGRAM FOR 1995-2000/HEARING (16.06) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider preliminary Capital Improvement Program for 1995-2000. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. Mayor O'Laughlin noted that this item will appear on the agenda June 5, 1995 for Council adoption. FEES, RATES AND CHARGES/TOWN FEES/HEARING/RESOLUTION 1995-54 (17.05) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider adopting resolution continuing certain departmental fees, rates and charges, and amending certain fees, rates and charges. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that there be a $50.00 fee placed on appeals of the Planning Commission's decisions. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-54 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONTINUING CERTAIN DEPARTMENTAL FEES, RATES AND CHARGES, AND AMENDING CERTAIN FEES, RATES AND CHARGES, which includes the fee of $50.00 for filing an appeal of Planning Commission decision. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. UTILITY USERS' TAX/ORDINANCE INTRODUCTION (18.29) Mayor O'Laughlin stated that this was the time and place duly noted to consider the utility users' tax. Summary of consideration by Town Manager, David Knapp: Projections from several years ago accurately predicted the current short fall between revenue and expenditures. Loss of car dealerships and the devastating earthquake impacted sales tax revenues. Unexpected State raids on the revenues during this recession added to the revenue loss. Close to $2,000,000 has been withheld from our budget by the State this year. Since the projections were made, many economic adjustments and budgetary cuts were implemented to keep the budget within balance including eliminating one department. Although there have been severe restraints placed on operations, the staff has maintained its service levels. However, beginning July 1, 1995, services will begin to suffer if no new revenue is generated. TC:D7:MM051595 May 15, 1995 Los Gatos, California HEARINGS CONTINUED UTILITY USERS' TAX: (18A.29) Mr. Blanton presented alternatives to the utility users' tax as listed in the staff report. He spoke of efficiencies and further areas in our municipal structure for budget revision and reallocation of resources. A primary consideration would be the savings apparent in the reacquisition of the Town's fire department. First consideration was Vice Mayor Blanton's alternative to the utility users' tax. The following people from the audience spoke to this issue: Doug Sporeleder, Chief of Central Fire District, discussed the costs of running the district and the economies of scale through unification. He spoke of the twenty-five years of regional organization and ongoing negotiations with new prospective participants. Jo Bartlett, 166 Oak Hill Way, spoke of the efficiency of a unified fire district and the ability to respond quickly and cooperatively to local hillside fires. No one else from the audience addressed this issue. Next under consideration was the introduction of ordinance establishing a 2% utility users' tax on gas, electric, telephone, cable and water. (18B.29) The following people from the audience spoke to this issue: Jim Chimblis, 477 Monterey Ave., in favor of utility tax but does not want to see safety services cut now or in the future. Ann Holley, 116 Hilow Court, representing the local League of Women Voters organization, encouraged the adoption of the tax by the simple majority of Council, and the realized revenue placed in the General Fund. Kathleen Hutchinson, 195 Jackson Street, encouraged passage of the tax and continued support of safety services. Mike Abkin, 122 El Olivar, spoke in favor of the utility tax as an option to bolstering the Town's failing infrastructure. He suggested that property values in the Town are dependent on the maintenance of public property as well. He suggested immediate action by Council considering comments expressed during the seven recently held Town forums. Richard Gaisolfe, 120 Hilltop Drive, questioned the administration of the tax, and asked what the total income to the Town would be after expenses of administration were subtracted from the gross revenue. David Harrison, 10900 N. Blaney, Cupertino, representing PG&E, confirmed that there was no surcharge for collection of the tax on the PG&E billing system. David La Verne, 48450 Woodland Ave., prefers the tax over continued cuts in services, particularly in regards to fire and police. He approved of the ordinance's incorporated sunset clauses. Pat Beadles, 204 Elm Wood Court, spoke of the Town viewing all alternatives and suggestions regarding doing business in the most economic manner. Carol Musser, 232 Loma Alta, spoke in favor of the fair and nominal tax which is equally shared by the community. Noel de Grace, 160 Carlton Ave., spoke of interaction with the police department and overexpending of resources. TC:D7:MM051595 May 15, 1995 Los Gatos, California HEARINGS CONTINUED UTILITY USERS' TAX: (18A.29) Speakers continued: Randy Rimple, 16061 Shannon Road, spoke of the full support of safety services in Town and the need for continued coordination in this service area. Scott Gudehus/Brian Johst/Randy Bishop, 110 E. Main, police officers requesting Council's support on the utility tax which helps support the quality and security of life in Town. Joe Pirzynski, 350 Los Gatos Blvd., home owner in Town for twenty-one years, reiterated his thoughts of two weeks ago, speaking in favor of the utility tax. The continuation of the quality of life in Town is worth the support of this tax, and he urged Council's immediate adoption of this ordinance. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE V, CHAPTER 25 (UTILITY USERS TAX) TO THE TOWN CODE, which establishes a 2% utility users' tax on gas, electric, telephone, cable and water. This motion includes a change on page 13, section (g), changing the 10 day notice to 30 day notice. This item also includes giving notice of June 5th meeting date and July 17th public hearing date for community discussion on this proposal. Carried by a vote of 3 ayes. Mrs. benjamin was absent. Mr. Blanton voted no in conjunction with his proposal for additional savings in budgetary cuts as discussed in previous record. BRUSH DECLARED A PUBLIC NUISANCE/ABATEMENT/RESOLUTION 1995-55 (19.28) Mayor O'Laughlin stated that this was the time and place duly noted to consider adopting resolution declaring brush a public nuisance and providing for abatement and setting a public hearing in order to hear protests. Jo Bartlett, 166 Oak Hill Way, discussed fire hazards caused by the weeds and brush in the hillsides and agreed with establishing the brush abatement program. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-55 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING BRUSH A PUBLIC NUISANCE AND PROVIDING FOR ABATEMENT. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. COMMITTEE REPORTS (20.10) Mr. Attaway commented on the West Valley Sanitation District. He noted that the District had raised sufficient funds for this coming year and would not be requesting additional fees. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 10:08 p.m. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. ATTEST:Marian V. Cosgrove, Town Clerk TC:D7:MM051595