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M 03-15-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY March 15, 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, March 15, 1993, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION (00.10) Jim Jackson, Interim Town Attorney, announced that Council will meet in Closed Session immediately following this evening's meeting pursuant to Government Code Section 54956.9(a), regarding Pending Litigation to discuss Toll House Bankruptcy Claim; Los Gatos Lodge Bankruptcy Claim; and EEOC Claim of Eugene Strom. Pursuant to Government Code Section 54957 to discuss a Personnel issue. Council will consider the selection of a new Town Attorney. The review of resumes and process of selection for the appointment will be discussed. A Special Meeting will be held March 18, 1993. Closed Session will be held at 8pm for the purpose of considering and making decision related to Town Attorney recruitment. Special Meeting will continue to 9pm for a walk through of the Neighborhood Center/Civic Center relating to the Structural Evaluation Report. (Project 9302) Mayor Benjamin also announced Council's noticed meeting at 6:30pm this evening to tour the "Open Doors" project on Parr Ave, which is run by Mid Peninsula Housing. TC:D5:MM031593 PARK COMMISSION/APPOINTMENTS/EASTER/BOMBERGER (000.20) Mayor Benjamin announced that two applications had been received for two vacancies on the Park Commission from Michael Bomberger and Kimberly Easter. Voting was held and Mr. Bomberger was reappointed and Ms Easter was appointed to terms expiring April 1, 1997. PRESENTATION/COMMENDATION/ELROY SMITH/COMMUNITY SERVICES (XX.20) Mayor Benjamin presented a Town Commendation to Elroy Smith for his years of service on the Community Services Commission. Mr. Smith received his recognition and thanked Council. TC:D5:MM031593 March 15, 1993 Los Gatos, California PRESENTATIONS/AMERICAN WITH DISABILITIES ACT/SUB-COMMITTEE (XXX.20) Mayor Benjamin presented commendations from the Town to the members of the Americans with Disabilities Act Sub-Committee. The following people received this recognition from the Town: Dean Cormany, Sandy Decker, Karl Dinger, Tom Dodge, David Flick, Warren Jacobsen, Jim Lewis, C. Edward Meserve, Jewel Peyton, Sharon Turzo, Terry Stimpson and Mary Jane Whiteford. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/FEBRUARY 1993 (02.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for payroll of February 14 through February 27, 1993 in the amount of $220,898.50, paid on March 5, 1993. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/FEBRUARY 1993 (03.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify accompanying check registers for accounts payable invoices in the amount of $166,863.99 paid on March 5, 1993. Carried unanimously. MID-YEAR/BUDGET REPORT/NONPOINT SOURCE (04.06) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council accept the mid-year budget report con the cooperative effort between the West Valley Sanitation District and the Town. Carried unanimously. CLAIM/DON & NANCY JEROME (06A.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Don and Nancy Jerome filed February 9, 1993 with the Town Clerk. Carried unanimously. CLAIM/LEO KESSELMAN (06B.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of Leo Kesselman filed February 18, 1993 with the Town Clerk. Carried unanimously. CLAIM/JAMES C. HENDERSON (06C.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of James C. Henderson filed January 29, 1993 with the Town Clerk. Carried unanimously. CLAIM/JACQUELINE N. WILLIAMS (06D.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council reject the claim of TC:D5:MM031593 March 15, 1993 Los Gatos, California Jacqueline N. Williams filed January 29, 1993 with the Town Clerk. Carried unanimously. INTERIM TOWN ATTORNEY/JAMES JACKSON/AGREEMENT/RESOLUTION 1993-32 (07.10) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH JAMES P. JACKSON FOR INTERIM TOWN ATTORNEY SERVICES. Carried unanimously. TC:D5:MM031593 March 15, 1993 Los Gatos, California ELEMENTARY EDUCATION FOUNDATION/TEN YEAR SERVICE/RESOLUTION 1993-33 (08.43) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING THE LOS GATOS ELEMENTARY EDUCATION FOUNDATION ON TEN YEARS OF SERVICE. Carried unanimously. STORM DRAIN PROJECTS/9309,WHEELER & YOSEMITE/9312, BAYVIEW & MAIN 9315, COLLEGE & GIBERSON/9316, BELCREST/RESOLUTION 1993-34 (09.37) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS FOR THE FOLLOWING STORM DRAINAGE PROJECTS: 9309 (WHEELER AVENUE - YOSEMITE WAY); 9312 (BAYVIEW AVENUE AT MAIN); 9315 (COLLEGE AVENUE AT LOWER GIBERSON ROAD); AND 9316 (BELCREST DRIVE). Carried unanimously. NEW YORK AVE 4/A PLACE FOR TEENS/WATER SERVICE/RESOLUTION 1993-35 (10.44) FIRE HYDRANT EASEMENT/RESOLUTION 1993-36 Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 35 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SAN JOSE WATER COMPANY FOR WATER SERVICE AND A HYDRANT AT 4 NEW YORK AVENUE. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING FIRE HYDRANT EASEMENT FOR SAN JOSE WATER COMPANY AT 4 NEW YORK AVENUE. Carried unanimously. LOS GATOS BUSINESS IMPROVEMENT DISTRICT/LEASE/RESOLUTION 1993-37 (11.43) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 37 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A LEASE AGREEMENT BY AND BETWEEN THE TOWN AND THE LOS GATOS BUSINESS IMPROVEMENT DISTRICT FOR FY 1992-93. Carried unanimously. MAIN ST E 220/SIAM THAI CUISINE/ABC LICENSE/RESOLUTION 1993-38 (12.09) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1993- 38 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION - COUNCIL ACTION EXTENDS THE HOURS OF SERVING BEER AND WINE INSIDE THE RESTAURANT AND DENIES THE REQUEST TO SERVE BEER AND WINE IN THE OUTDOOR SEATING AREA ON TC:D5:MM031593 March 15, 1993 Los Gatos, California PROPERTY IN THE C-1 ZONE, CONDITIONAL USE PERMIT APPLICATION U-83-27C, which incorporates the findings and decision of the Council at its meeting of March 1, 1993. Carried by a vote of 4 ayes. Mrs. Lubeck voted no for reasons given in previous record. LOS GATOS BUSINESS IMPROVEMENT DISTRICT/BID/ORDINANCE 1933 (13.43) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Ordinance 1933 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1876 ESTABLISHING THE DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT, which was introduced at the Town Council meeting of March 1, 1993. Carried unanimously. TC:D5:MM031593 March 15, 1993 Los Gatos, California VERBAL COMMUNICATIONS Ridgeline Construction Jo Bartlett, 166 Oak Hill Way, questioned the massive building on Aztec Ridge which reaches above the ridge line and is over 12,000 sq. ft. Staff explained the process used to appeal to the County regarding this structure. Disabled Commission Speaker, addressed the need for establishing a Commission on the Disabled to address the issues of disability awareness, issues on ADA, and possible arbitration issues on the ADA. HEARINGS STRATEGIC PLAN/FY1993-98/HEARING (14.10) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider approving the Strategic Plan for 1993 through 1998. The following people from the audience spoke to this issue: Judy Howell, 16793 Farley Road, spoke regarding concern for the Park Commission goals and prioritizing of the Plan, and requested Council's cooperation with the Silicon Valley Joint Venture Group. Anne Lamborn, 7 Monroe Court, requested further consideration within the Plan addressing Public Art. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council close this public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt the Los Gatos Strategic Plan with the following amendments: Encourage intergovernmental coverage of services; Improve use of consultants, contractors and interns; Identify funding for future parking facilities; Support the non-profit organizations in Los Gatos and their programs that benefit our Town residents. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/RESOLUTION 1993-39 (15.19) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider proposals for the Nineteenth Year Community Development Block Grant Funds for fiscal year 1993-94. The following people from the audience spoke to this issue: Mary Alice Blice, 484 Woodland Ave., Community Services representative, explained the TC:D5:MM031593 March 15, 1993 Los Gatos, California process used by Community Services for evaluating agency applications and the Commission's funding recommendations. She also spoke in favor of funding Economic & Social Opportunities, stating however that the Commission recommended no funding. Christine Pfendt and Mark Weiner, 168 Carlton and 511½ N. Santa Cruz, Community Services representatives explained why the Commission chose not to fund ESO. The Town's Housing Rehabilitation Projects and Housing Rehab Loans already refurbish dwellings within Los Gatos therefore the Economic & Social Opportunities program should not be funded. TC:D5:MM031593 March 15, 1993 Los Gatos, California HEARINGS CONTINUED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/CONT. Speakers continued: Kia Currie, Emergency Housing Consortium representative, P.O. Box 2346, San Jose, spoke of the wall heaters needed for housing project. Lita Friedlander, Live Oak Adult Day Services, 19 High School Crt., asked for continued support from the Town. Mildred Howard, Economic and Social Opportunities, explained the need of the people for the smaller repairs which are handled by this agency, such as faucet washers, handrails and ramps. She explained the expense of liability insurance and worker's compensation for volunteers, and requested continued support from Council. Debra Kasperian, Second Harvest representative, updated Council on agency's accomplishments and thanked Council for its support. Donna Cooper, Ombudsman program representative, explained program and its services to the frail elderly and mentally disabled. Jim Lewis, 156 Vista Del Monte, spoke of the availability of funding from CDBG for retrofitting the Town facilities for accessibility for persons with disabilities. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close this public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993-39 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL YEAR 1993-94. WEDGEWOOD MANOR/ZONING ORDINANCE AMENDMENT/A-92-10/HEARING (16.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introducing ordinance amending Section 29.10.260 of the Town Code to permit the reconstruction of nonconforming multiple-family dwelling units in zones where reconstruction is currently not permitted, Zoning Ordinance Amendment A-92-10. [This matter will not have a significant impact on the environment and is, therefore, exempt from the requirement of the California Environmental Quality Act.] Applicant, Town of Los Gatos. (Continued from 3/1/93) The following person from the audience spoke to this issue: Jefferey Barnett, 1740 Technology Drive, #250, San Jose, representing Wedgewood TC:D5:MM031593 March 15, 1993 Los Gatos, California Manor, spoke regarding the project for moderate income housing for seniors. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close this public hearing. Carried unanimously. TC:D5:MM031593 March 15, 1993 Los Gatos, California HEARINGS CONTINUED WEDGEWOOD MANOR/ZONING ORDINANCE AMENDMENT/CONT. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council find that the amendment is not subject to the California Environmental Quality Act since it's a change in administrative procedure that could not possibly have a significant effect on the environment. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council find that the amendment is consistent with the General Plan. Carried unanimously. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance 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 unanimously. HISTORIC DESIGNATION/ZONING ORDINANCE AMENDMENT/A-92-11/HEARING (17.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing 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. [This matter will not have a significant impact on the environment and is, therefore, exempt from the requirement of the California Environmental Quality Act.] Applicant, Town of Los Gatos. (Continued from 3/1/93) No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council close this public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this item for further staff consideration and Council discussion on April 5, 1993. Carried unanimously. MINUTES OF MARCH 1, 1993 (18.V) Motion by Mr. Blanton, seconded by Mr. Attaway, to approve the Minutes of March 1, TC:D5:MM031593 March 15, 1993 Los Gatos, California 1993 as amended on page 6 with spelling correction of the word "drought". Carried unanimously. TREASURER'S REPORT/JANUARY 1993 (19.V) Informational report submitted by the Treasurer to the Council for the month of January 1993, received and filed. TC:D5:MM031593 March 15, 1993 Los Gatos, California PLANNED DEVELOPMENT APPLICATION/Z-91-1 SUBDIVISION APPLICATION/M-87-3A/SHADY LANE (05.09) Jim Jackson, Interim Town Attorney, explained to Council that this report needs to be accepted and filed by Council before the time for filing an appeal begins to run. An appeal has already been filed but other appeals may also be filed after tonight. A public hearing, generated by the appeal already filed, will be held on April 19, 1993. Consensus Motion by Council, to receive and file report from Planning Commission, of minutes and actions taken on Planned Development Application Z-91-1 and Subdivision Application M-87-3A. Carried unanimously. 9302 PROJECT/CIVIC CENTER/NEIGHBORHOOD CENTER/EVALUATION/REPAIR (20.35) Mayor Benjamin stated that this was the time and place duly noted to consider acceptance of structural evaluation report for Civic Center and Neighborhood Center for upgrade and repair. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council accept the Boley report itemizing the needed repairs and repair costs for both the Civic Center and the Neighborhood Center buildings with the understanding that staff will continue to work on it and there will be further changes to come before Council. Carried unanimously. Mayor Benjamin stated that Council would provide direction on priorities for public buildings and equipment upgrades after the walk through scheduled for March 18, 1993. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council approve $63,000 for Project 9321 - California Energy Commission Grant, Energy Conservation Project from Account No. 4473-85020 contingent on the Town receiving an Energy Commission grant in this same amount. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve $8,000 for Project 9318 Civic Center Air Balance Study from Account No. 4473-85020. Carried by a vote of 4 ayes. Mr. Blanton voted no stating that he would prefer to act on this after the walk through has been held. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council disencumber balance on P.O. No. 93089, return $25,740 to fund balance and appropriate $8,000 for Project 9318 - Civic Center Air Balance Study. Carried by a vote of 4 ayes. Mr. Blanton voted no for reason stated in previous motion. Mayor Benjamin announced that this item will be adjourned to the walk through scheduled TC:D5:MM031593 March 15, 1993 Los Gatos, California for March 18, 1993. PUBLIC URINATION/DEFECATION/TOWN CODE AMENDMENT (21.46) Mayor Benjamin stated that this was the time and place duly noted to consider introducing ordinance amending Chapter 18 of the Town Code by adding Section 18.80.010, Public Urination or Defecation. TC:D5:MM031593 March 15, 1993 Los Gatos, California TOWN CODE AMENDMENT CONT. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce Draft Ordinance 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 unanimously. MAIN ST W 131/RANKIN BUILDING/ARCHITECTURAL DETAILING (22.09) Mayor Benjamin stated that this was the time and place duly noted to consider a request to delete architectural detailing previously required for an earthquake damaged historic commercial building in the C-2-LHP zone; ES-90-23C; 131 W. Main St; David Wilson, owner. The following person addressed this issue: John Lien, 196 College Ave., architect for the project, addressed the fact that he had been unable to find a satisfactory product for the exterior decorations on the building. He requested that Council consider the project complete at this time. No one else spoke regarding this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council approve Earthquake Architecture and Site Application ES-90-23C. Carried unanimously. COUNCIL COMMITTEES (23.10) Mr. O'Laughlin addressed the Vasona Corridor and the need of Council and public to bring input to the prioritizing of this project. The Vasona Corridor Committee if committed to this project being first on the priority list. Mayor Benjamin spoke regarding a planned workshop on the Compensation and Evaluation of Department Heads that the Santa Clara County Cities Association is agendizing, and requested Council to sign up for the event. ADJOURNMENT Mayor Benjamin adjourned this evening's meeting at 9:29 to Closed Session immediately following, and to Closed Session at 8pm, and a walk through of the Civic Center at 9pm, March 18, 1993. TC:D5:MM031593 March 15, 1993 Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM031593