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M 05-01-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY May 1, 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 7:33 p.m., Monday, May 1, 1995, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor Patrick O'Laughlin. Absent:None. 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. NEWSRACK COMMITTEE/APPOINTMENTS/LESTER/WATSON (00.20) Mayor O'Laughlin announced that there were two applications on file from Steve Lester and Darrin Watson for three vacancies on the Newsrack Committee. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Mr. Lester and Mr. Watson be appointed to the Newsrack Committee. Carried unanimously. The Clerk will advertise the remaining vacancy. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. CITY REFERRAL/MONTE SERENO (02.47) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve staff recommendation on the following city referral: Referral #SD-4-95. Located at Handley and Winchester in Monte Sereno. Applicant is Navico Inc. requesting a 4 lot subdivision. Staff is recommending approval with conditions. Carried unanimously. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL RATIFICATION/APRIL 1995 (04.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the check register for the payroll of March 26 through April 8, 1995 paid on April 14, 1995 in the amount of $206,839.62. Carried unanimously. TC:D7:MM050195 May 1, 1995 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/APRIL 1995 (05.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for accounts payable invoices paid on April 7, 14, and 21, 1995 in the amount of $356,035.48. Carried unanimously. MINUTES OF APRIL 17, 1995 (06A.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of April 17, 1995 as submitted. Carried unanimously. MINUTES OF APRIL 24, 1995 (06B.V) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the Minutes of April 24, 1995 as submitted. Carried unanimously. TREASURER'S REPORT Informational report submitted by the Treasurer to the Council as of February 28, 1995, was received and filed. NOVA PROGRAM/USED COMPUTER EQUIPMENT/SCHOOL DISTRICT DONATION (08.28) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize donation of used computer equipment to NOVA program. Carried unanimously. LOS GATOS MUSEUM ASSOCIATION/TAIT AVE FACILITY (09.44) Motion by Mr. Blanton, seconded by Mrs. Benjamin, to accept the informational report for filing. Carried unanimously. MIDPENINSULA REGIONAL OPEN SPACE DISTRICT/FEE WAIVER (10.27) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council deny MidPeninsula Regional Open Space District request for refund of fees. Carried unanimously. UTILITY TRUCK/4X4/EQUIPMENT PURCHASE/RESOLUTION 1995-46 (12.28) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-46 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH MISSION VALLEY FORD TRUCK SALES, FOR PURCHASE OF ONE NEW 1995 4X4 TRUCK WITH UTILITY BODY. Carried unanimously. BLACKWELL DRIVE/HILLBROOK/BENEFIT ZONES/RESOLUTION 1995-47 LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 (13.14) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-47 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT ENGINEER TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH STREETS AND HIGHWAYS CODE 22565 AND FOLLOWING--REGARDING LANDSCAPING AND LIGHTING DISTRICT ASSESSMENT #1--BLACKWELL DRIVE & TC:D7:MM050195 May 1, 1995 Los Gatos, California HILLBROOK BENEFIT ZONES OF THE TOWN OF LOS GATOS. Carried unanimously. TC:D7:MM050195 May 1, 1995 Los Gatos, California GEMINI COURT BENEFIT ZONE/L&L ASSESS DISTRICT #2/RESOLUTION 1995-48 (14.14) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-48 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE DISTRICT ENGINEER TO PREPARE AND FILE AN ANNUAL REPORT IN ACCORDANCE WITH STREETS AND HIGHWAYS CODE 22565 AND FOLLOWING--REGARDING LANDSCAPING AND LIGHTING DISTRICT ASSESSMENT #2--GEMINI COURT BENEFIT ZONE OF THE TOWN OF LOS GATOS. Carried unanimously. OFFICE OF CRIMINAL JUSTICE PLANNING/GRANT APPLICATION CAREER CRIMINAL APPREHENSION/RESOLUTION 1995-49 (15.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-49 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO SUBMIT A PROPOSAL TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR A CAREER CRIMINAL APPREHENSION PROGRAM GRANT. Carried unanimously. OUTREACH & ESCORT INC./TRANSIT ASSIST/WEST VALLEY CITIES (16.19) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council authorize staff to submit proposal to Outreach & Escort Inc. for the provision of services to the West Valley Cities effective July 1, 1995. Carried unanimously. EASTFIELD MING QUONG/CONFERENCE CENTER/LOMA ALTA/RESO 1995-50 (17.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-50 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEALS OF PLANNING COMMISSION DECISION TO APPROVE A REQUEST TO MODIFY AN EXISTING CONDITIONAL USE PERMIT TO REDUCE THE RESIDENTIAL FACILITIES AT EASTFIELD MING QUONG AND TO INCREASE CONFERENCE AND ADMINISTRATIVE FACILITIES; CONDITIONAL USE PERMIT APPLICATION U-94-75, Property Location : 499 Loma Alta Avenue. Property Owner: Eastfield Ming Quong. Appellant: Gloria Mink-Edwards. Appellant: Marlene Burak. Appellant: Vincent G. Bradley, Jr., Exec. Vice-President, Eastfield Ming Quong. This motion includes a correction to page 6, item (17), allowing unannounced visits to the property by an authorized town official, and deletes reference to the code compliance officer. Carried unanimously. BUENA VISTA AVE 17265-17271/ZONE CHANGE/ORDINANCE 2000 (18.09) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 2000 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING ZONE CHANGE 69 FROM R-1:20,000 (SINGLE FAMILY RESIDENTIAL, 20,000 SQUARE FOOT MINIMUM LOT SIZE) TO R-1:8,000 (SINGLE FAMILY RESIDENTIAL 8,000 SQUARE FOOT MINIMUM LOT SIZE), that was introduced at the Town Council meeting of April 17, 1995. Carried unanimously. TC:D7:MM050195 May 1, 1995 Los Gatos, California HEARINGS SANTA CRUZ AVE N 664/APARTMENT COMPLEX/R&M PROPERTIES/APPEAL (19.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to deny request to maintain an eight unit apartment complex in the C-1 zone. Conditional Use Permit Application U-94-4. Property located at 664 N. Santa Cruz Ave. Property Owner: R&M Properties. There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to continue this item to May 15, 1995. Carried unanimously. Mayor O'Laughlin asked for confirmation on the installation of smoke detectors at that time. LOS GATOS STRATEGIC PLAN 1995-2000/HEARING (20.10) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider the Town of Los Gatos Strategic Plan, July 1, 1995 - June 30, 2000. Town Manager, David Knapp, reported on the conceptual strategic plan and noted the procedure used refining the plan. There was no one from the audience to address this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt the Town of Los Gatos Strategic Plan for July 1, 1995 to June 30, 2000. Carried unanimously. WORKLOAD AND PERFORMANCE MEASURES (11.06) Andrew Palmisano, 702 More Ave, requested that Council use number of units occurring, the unit cost, the total hours of work, total cost, with the current workload and performance measures. He noted that this tool could be used to reduce costs in service functions. Mayor O'Laughlin requested staff use some unit costs for this year's budget. Council consensus to accept and file report on workload and performance measures. UNIVERSITY AVE 104/REMODELING FEES/REFUND (21.09) Bert Millen, 18364 Oak Dr., Monte Sereno, owner of 104 University Ave., requested a refund of building permit fees on remodeling work done on building damaged during winter rain storms. He submitted a proposed ordinance relating to this subject. Motion by Mr. Blanton, seconded by Mr. Attaway, to continue this item to June 5, 1995, so that staff may review the pros and cons regarding the need of an ordinance, and give clarification to Mr. Millen's status concerning the remodeling that was done. Carried unanimously. TC:D7:MM050195 May 1, 1995 Los Gatos, California LOS GATOS CATS FESTIVAL/DOWNTOWN ASSOC./NORTH SANTA CRUZ CLOSURE (22.33) Mayor O'Laughlin stated that this was the time and place duly noted to consider Downtown Association request to close North Santa Cruz Avenue for one day (September 24, 1995) for the Los Gatos Cats Festival. The following people from the audience spoke to this issue: Sandy Eddy, 95 Church Street, requested Council's endorsement of this event. Barbara Toren, Executive Director of Downtown Association, spoke of the positive feedback from the flyers that have been distributed concerning this event. Jo Hargett, Church Street, requested consideration on the set up and take down times. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Downtown Association's request to close North Santa Cruz Avenue for one day, September 24, 1995, for the Los Gatos Cats Festival. This will be done on a trial basis, with the suggestion that the Chamber work with the Downtown Association next year to coordinate an event. That the Chief of Police submit a report within thirty days of this event including input from the neighbors and businesses regarding the impact of the event on them and particularly the impact that the street closure causes. This motion incorporates the operation hours of six a.m. to six p.m. including the set up and take down time, and that the Downtown Association goes through the normal permit application process for a special event. Carried unanimously. FIESTA DE ARTES/CHAMBER OF COMMERCE/SANTA CRUZ AVE CLOSURE (23.23) Mayor O'Laughlin stated that this was the time and place duly noted to consider Chamber of Commerce request to close North Santa Cruz Avenue for two days August 19-20, 1995 for Fiesta de Artes. The following people from the audience spoke to this issue: Gloria Le Blanc, President of the Chamber of Commerce, delineated the Chamber's proposal for closing North Santa Cruz for the two day festival. This proposal was suggested after due consideration of other sites in Los Gatos when it became clear that Old Town would not be available for the festival this year. Rich Lang, 87 Fairview Plaza, spoke of the need to hold the festival in the downtown area. There is a need of 100 booths to be in operation for two days in order for the event to make a profit. Mike Maiten, 136 Belvue, spoke of the good the event does for the Town and noted the street closure of Castro in Mt. View which works very well. Sue Tuttle, College Ave., representing the Chamber, supported this proposal. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, to close North Santa Cruz for two days for the Fiesta de Artes. Motion failed for lack of second. Motion by Mr. Blanton, to grant the Civic Center and parking lots for the two day event. Motion failed for lack of second. TC:D7:MM050195 May 1, 1995 Los Gatos, California FIESTA DE ARTES CONT. Council comments: Mr. Attaway stated that the closing of Santa Cruz was a very sensitive issue and one day in the summer could be considered but two days was too much under the circumstances. He would consider one day for the Chamber of Commerce. Mr. Blanton thought that if a risk of one day closure was to be considered he would opt to approve the two days with Mrs. Lubeck's motion so that the event would be worth while for the Chamber. She would consider a one day event. Mrs. Benjamin was very concerned about security of the booths at night. The cost of security in the downtown would be very high. Parking in the residential areas and access to the post office are concerns. She preferred the ability to review alternatives than have only this one proposal. Mayor O'Laughlin spoke of the security and problems with vandalism inherent in this proposal. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to close North Santa Cruz for two days for the Fiesta de Artes. Motion failed. Two ayes by the makers. Mrs. Benjamin, Mr. Attaway and Mr. O'Laughlin voted no. UTILITY USERS' TAX (24.29) Mayor O'Laughlin stated that this was the time and place duly noted to consider the utility users' tax. The following people from the audience spoke to this issue: Paul Dorsa, 1575 Shannon Road, spoke in opposition to the utility tax and proposed a card club at the Opera House. 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 the forums and the comments that were expressed during those meetings. Dale Hill, 150 Robin Way, supported the utility tax option and asked for Council's continued support pertaining to human service needs. Judy Howell, 16793 Farley Road, spoke in favor of the tax and the improvements needed in the Town and also noted the need for continued services. Bob Longevin, 20 Hollywood Ave., spoke in favor of the utility tax and noted that most people would not be aware of this increase within their utility bill. Mike Maiten, 136 Belvue, spoke in favor of the proposal especially in relation to being able to retain Town's current service level. Andrew Palmisano, 702 More Ave., opposed the utility tax and suggested further cost cutting measures for the budget. Bill Pirzynski, 350 Los Gatos Blvd., a home owner in Town for twenty-one years, spoke in favor of the utility tax with the thought of renewal of the infrastructure and improved property values. The quality of life in this Town is worth supporting with additional revenue assessed to the residents who benefit from this unique community. No one else from the audience addressed this issue. Mrs. Lubeck lead off the discussion in support of the utility tax, suggesting immediate implementation having already discussed this proposal in open forums. TC:D7:MM050195 May 1, 1995 Los Gatos, California UTILITY USERS' TAX CONT. Council comments: Mr. Attaway thought that a public hearing should be held to discuss a proposed ordinance. After the hearing Council can determine whether there should be an advisory vote. Mr. Blanton is not in favor of the tax but would prefer to present some alternatives and have an advisory vote. Mrs. Benjamin looked at cuts and savings but felt that the only way to repair the community infrastructure was to propose the utility users' tax. This would be one sure way of insuring stable property values. She strongly urged an advisory vote. Council consensus: Mayor O'Laughlin summarized and directed staff to return to Council May 15, 1995 with a proposed ordinance including proposals for budget cuts and the pros and cons of an advisory vote, and the cost of an election. He asked that income be considered, but that the whole community support its maintenance and services. A cap for heavy users may also be a consideration. A sunset clause may be part of this proposal. Time lines are needed and scenarios showing the impact on the budget this year and next. Proposed ordinance to be discussed May 15th and public hearing to be held the first part of June. TOWN COUNCIL MEETING SCHEDULE (25.10) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council revise the Town Council Meeting Schedule for 1994-95 Fiscal year to cancel Town Council Meeting May 8, 1995. Carried unanimously. COMMITTEE REPORTS (26.10) Joanne Benjamin spoke of the Green Foothills Proposal and asked that support of legislation be included on the May 15th agenda. RECONSIDERATION OF ITEM 23/CHAMBER REQUEST/FIESTA DE ARTES (23.23) Request by Mrs. Benjamin to reconsider Item 23 supported by Mrs. Lubeck. Council discussion regarding Chamber's proposal. Council gave strong indication that they were concerned about the well being of the Los Gatos Chamber of Commerce and would like to find some way to be helpful and supportive. Mayor O'Laughlin suggested private individual discussions with the Chamber members to study alternatives to closing Santa Cruz Ave. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 10:25 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D7:MM050195