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M 06-21-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY June 21, 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 7:37 p.m., Monday, June 21, 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 Larry Anderson, 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: Bankruptcy of Charles Zaloumis, U.S. Bankruptcy Court Northern Dist./ Oakland, Case No.93-42776. Council was updated on current status and gave instruction concerning future strategies. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding: FDIC v. Town of Los Gatos, U.S. Bankruptcy Court Northern Dist./San Francisco, Case No. C93-1940 SBA. Council was updated on current status and gave instruction concerning future strategies. Pursuant to Government Code Section 54956.9(a), Council met to discuss Pending Litigation regarding: Town of Los Gatos v. Zaloumis, Santa Clara County Superior Court, Case No. 722828. Council was updated on current status and gave instruction concerning future strategies. Pursuant to Government Code Section 54957.6, Council met to discuss Labor Relations TC:D5:MM062193 involving four labor groups, AFSCME, TEA, Confidential Employees and Management Group and to consider strategies. ARTS COMMISSION/APPOINTMENTS (00.20) Mayor Benjamin announced that four applications had been received from James Bacigalupi, Anne Lamborn, Fawn Powers and Cynthia Rostankowski for four vacancies on the Arts Commission. Voting was held and the four applicants were appointed to terms expiring July 1, 1996, and an unexpired term ending July 1, 1994. TC:D5:MM062193 June 21, 1993 Los Gatos, California LIBRARY BOARD/APPOINTMENTS (000.20) Mayor Benjamin announced that five applications had been received from Shirley Egan, William Jacobson, Bobbi Kramer, Eric Scholl and Pasteur Yuen for two vacancies on the Library Board. Voting was held and William Jacobson and Pasteur Yuen were appointed to terms expiring July 1, 1996. RENT ADVISORY COMMITTEE/APPOINTMENTS (XX.20) Mayor Benjamin announced that three applications had been received from Jack Cole, William Kraus and David Laverne for one vacancy on the Rent Advisory Committee. Voting was held and Mr. Kraus was appointed to unexpired term ending March 1, 1994. BUDGET DISCUSSION (XXX.05) Mr. Attaway commented as follows on the budget: Contract negotiations are complex and Council needs additional time to review the employee agreements. In difficult fiscal times these contracts will need to be studied with scrutiny. Council's desire is to preserve jobs. Raising salaries and benefits will threaten that goal. Council needs to review the contracts more carefully. We have excellent staff and excellent employees but we have to look harder and closer at the employee agreements this time. I would ask that Council set a date certain in two weeks to act on this item, and that Council meet in Closed Session for a discussion of this subject prior to the regular Council meeting. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to have a Closed Session on July 6, 1993, prior to the regular Council meeting, and during the regular public Council Meeting on that date review these items again. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. AFSCME LOCAL 101/MEMORANDUM OF UNDERSTANDING/DRAFT RESOLUTION (08A.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council continue to July 6, 1993 adoption of draft Resolution entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS GATOS AND AFSCME LOCAL 101. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TEA/TOWN EMPLOYEES ASSOC/MOU/DRAFT RESOLUTION(08B.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council continue to July 6, 1993 adoption of draft Resolution entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF LOS TC:D5:MM062193 June 21, 1993 Los Gatos, California GATOS AND TOWN EMPLOYEES' ASSOCIATION (TEA). Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. MANAGEMENT PLAN/FISCAL YEAR 1993-94/DRAFT RESOLUTION (09.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council continue to July 6, 1993 adoption of draft Resolution entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR FISCAL YEAR 1993-94. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM062193 June 21, 1993 Los Gatos, California CONFIDENTIAL EMPLOYEE/CLASSIFICATIONS/COMPENSATION/WORK RULES (10.10) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council continue to July 6, 1993 adoption of draft Resolution entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING CONFIDENTIAL EMPLOYEE CLASSIFICATIONS, COMPENSATION AND WORK RULES FOR FISCAL YEAR 1993-1994. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PAYROLL/RATIFICATION/MAY 1993 (02.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for payroll of May 23 through June 5, 1993 in the amount of $213,944.77 paid on June 11, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1993 (03.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify accompanying check registers for accounts payable invoices in the amount of $387,105.02 paid on June 4, and June 11, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. EXCUSED ABSENCE/PATRICK O'LAUGHLIN (04.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council excuse Councilmember Patrick O'Laughlin from Council Meetings until he has recovered from surgery. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CLAIM REJECTION/JOAN PERRY (05.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council reject the claim of Joan Perry filed May 27, 1993 with the Town Clerk. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TEMPORARY EMPLOYEE SALARIES/FY 1993-94/RESOLUTION 1993-84 (11.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-84 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SETTING TEMPORARY EMPLOYEE SALARIES EFFECTIVE JULY 1, 1993 THROUGH JUNE 30, 1994, and noting a desk item with an additional position for Library Assistant. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ENVIRONMENTAL STUDY/ENVIRONMENTAL SCIENCE ASSOC/LSA TC:D5:MM062193 June 21, 1993 Los Gatos, California GRIER AND GRIER CONSULTING/RESOLUTION 1993-85 (13.11) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-85 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENTS FOR ENVIRONMENTAL INITIAL STUDIES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM062193 June 21, 1993 Los Gatos, California 9321 PROJECT/CALIFORNIA ENERGY COMMISSION/RESOLUTION 1993-86 (14.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-86 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA ENERGY COMMISSION FOR PROJECT 9321 - ENERGY CONSERVATION MODIFICATIONS. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. OPEN DOORS ASSOCIATES/LOAN DOCUMENTS (15.19) This item was removed from the agenda. HOUSEHOLD HAZARDOUS WASTE/COUNTY AGR/RESOLUTION 1993-87 (16.07) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-87 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. NEIGHBORHOOD CENTER LEASE AGREEMENTS/RESOLUTION 1993-88 (17.44) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1993-88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE LEASE AGREEMENTS WITH TENANTS FOR FY 1993-94. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. UNREINFORCED MASONRY/STRUCTURAL STRENGTHENING/ORDINANCE 1948 (19.13) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 1948 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING TOWN CODE SECTION 6.100.030 PROVIDING EXEMPTION FROM STRUCTURAL STRENGTHENING FOR QUALIFIED UNREINFORCED MASONRY (URM) BUILDINGS. Carried by a vote of 3 ayes. Mr. O'Laughlin absent. Mr. Blanton voted no for reasons stated in previous record. HEARINGS BLOSSOM HILL RD 15651/SUBDIVISION/VITALICH/APPEAL/HEARING (20.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission decision to deny a request for approval of a tentative map to subdivide an approximately .96 acre parcel into three lots in the R-1:8000 (prezone) Zone, Subdivision Application M-91-14. Property located at 15651 Blossom Hill Road. Property TC:D5:MM062193 June 21, 1993 Los Gatos, California owner, Mrs. Mary Lee Vitalich. Application, Westfall Engineers. The following people spoke regarding this issue. Mary Vitalich, 1925 Otay Lakes Rd, Chula Vista, asked Council's consideration of this project. Jitka Cymbal, 14583 Big Basin Way, Saratoga, representing Westfall Engineers, explained the project and asked for reconsideration of in-fill policy. No one else from the audience addressed Council on this issue. TC:D5:MM062193 June 21, 1993 Los Gatos, California HEARINGS CONTINUED BLOSSOM HILL RD 15651/SUBDIVISION CONT. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Attaway, seconded by Mayor Benjamin, that Council uphold the Planning Commission's decision and deny Subdivision Application M-91-14. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. KENNEDY ROAD 16221/PLANNED DEVELOPMENT/HEARING (21.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Planning Commission recommendation for approval of a change of zone from RC (Resource Conservation) to HR-1-PD and/or HR-2½-PD for approximately 18 acres of property, a fifteen-lot subdivision and the demolition of an existing single-family residence, Negative Declaration Application ND-90-5, Zone Change Application Z-90-2A, Subdivision Application M-90-9, Architecture and Site Application S-91-65. Property located at: 16221 Kennedy Road. Property owner: Robert Weir The following people from the audience spoke to this issue: Norm Matteoni, 1740 Technology Drive, San Jose, representing Mr. Weir, requested consideration of this project. John Lein, 196 College Ave., architect for the project, introduced consultants who have been working on the project. Dr. Rick Hopkins, H. T. Harvey Assoc., 906 Elizabeth St., Alviso, environmentalist and designer of riparian open space and wildlife habitat. Curt Wheeler, of Shop and Wheeler, 173 North Morrison, San Jose, addressed details of the project regarding flood plains and flood control management. Dr. Roger Henderson, traffic consultant with TJK, Transportation Consultants, Pleasanton, addressed traffic volume, general roadway safety, and access to the site. Tom Liolios, 167 Teresita, spoke for the homeowners in the neighborhood and asked for a lesser number of homes designed in the project. The size of the homes should be comparable to others in the neighborhood. Leonard Viale, 115 Spring St., spoke in favor of this development and the mitigation program which will add bike ways and foot trails. Rolf Bondelie, 16220 Kennedy Road, spoke regarding compatible housing in the neighborhood. Bruce McCoombs, 16160 Kennedy Road, asked that homes be built back from the road to preserve the view of the meadow. June 21, 1993 Los Gatos, California Craig Herman, 16001 So. Kennedy, spoke of the safety on the road and the additional traffic that will be generated by the development. Phyllis Weber, 16140 Kennedy Rd., spoke of ingress and egress to the development, and the possibility of accidents. Dennis Austin, 14333 Saratoga Ave., Saratoga, spoke of the additional homes made available by this development and feels the project will benefit the Town. Elliott Wolowitz, 12029 Saratoga Sunnyvale Rd., Saratoga, spoke in favor of the project. June 21, 1993 Los Gatos, California HEARINGS CONTINUED KENNEDY ROAD 16221/PLANNED DEVELOPMENT CONT. Speakers continued: Robert Weir, 27743 Via Ventana, Los Altos Hills, owner of the property, spoke of having his children live in this development. Howard Edelman, 16170 Kennedy Road, would like to see the beauty of this area preserved. Robert Cox, 243 More Ave., in favor of this project. John Lein, 196 College, spoke of the improvement in traffic design and safety, and the preservation of trees. He also addressed the density of homes in the neighborhood. Mr. Matteoni, closed by addressing the positive aspects of the proposed project. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that this project return to Council in two weeks, July 6, 1993, to show further Kennedy Road open space frontage, lot number one to be flattened out, fencing to be considered for safety of deer and deer access to creek provisions. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COUNCIL RECESS Mayor Benjamin called a short recess at 10:48pm. Council reconvened at 10:53pm. LOS GATOS-ALMADEN RD 16055/SINGLE FAMILY HOUSE/RELOCATION/HEARING (22.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to reconsider Town Council motion regarding request for approval of plans to relocate an existing single-family residence as part of a planned development application for a change in zone from R-1:8000 to R-1:8000-PD Zone, Zone Change Application Z-87-4A. Property located at 16055 Los Gatos-Almaden Road. Property owner, Joseph E. Louis and Jeffery Osborn. Applicant: Los Gatos Pines Partnership. The following people from the audience spoke to this issue: Mr. Joseph Louis, owner of development, spoke regarding the moving the house as it relates to the project. Jeff Osborn, owner of the school, spoke of the need to move the house to make the project TC:D5:MM062193 June 21, 1993 Los Gatos, California viable. Landscaping and school use space would be improved with this project. Dr. Victor Akylas, 115 Loma Vista Court, as a neighbor is completely in favor of the project. Diane Osborn, owner of the school, supports the concept of keeping the pre-school in Los Gatos and is committed to this concept. Sunita Desai, 1628 Branham Lane, spoke in favor of moving the house to the school site. Lee Smith, 15720 Loma Vista, lives a block from the school and is in favor of moving the building to the new location behind the school. Sherri Halpin , 200 Carlton Ave, spoke in favor of the proposed project. No one else from the audience addressed this issue. TC:D5:MM062193 June 21, 1993 Los Gatos, California HEARINGS CONTINUED LOS GATOS-ALMADEN RD 16055 CONT. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council allow the residence in question to the back of the school lot. (In favor of motion: making this preschool site consistent with many other school sites in Town; residence on the property tend to lead to continuation of the school; Town's criteria is to keep existing preschools in operation; any lot split that may occur would have to come before council first; both buildings, if on this site, could not be used as residences according to our code; this move makes for better planning for the school site; older home belongs in back and all new homes should be in the development) (Reasons from Mr. Attaway to not approve: Council should uphold Town's policies for planned development and for in-fill; there are no overriding community benefits to grant this appeal; Council should remain consistent on its policies) Motion failed by a vote of 2 ayes, from Mrs. Lubeck and Mr. Blanton and to 2 noes from Mayor Benjamin and Mr. Attaway. Motion by Mayor Benjamin, seconded by Mrs. Lubeck, that Council allow the family residence be moved to the pre-school lot and a redesign of the project to support three new houses. (this allows larger lots for the new homes; more landscaping available; more buffer space between neighbors and school; visually more pleasing and less crammed appearance). Mr. Blanton requested choices be granted the applicant. Options open for applicant: 1) Application can be withdrawn so property will not be rezoned for planned development. 2) Demolish existing house and build four new units or leave existing house where it is and build three new units behind it. 3) Move existing house to pre-school lot and redesign development for three houses. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Attaway voted no for lack of policy consistency. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this be a substitute motion for the previous motion, and that the applicant may have the four lots on one side and may demolish the existing structure if he so chooses, provided he goes through the appropriate review process and it becomes approved. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Attaway voted no. TC:D5:MM062193 June 21, 1993 Los Gatos, California Mr. Osborn requested a two week delay in this decision so that he could discuss the options with the developer. Consensus of Council to place two draft ordinances on the next agenda, July 6, 1993, allowing the applicant to make a choice between the options above being: a development with four lots and four houses; or three lots and four houses, one being located on the pre- school lot. TC:D5:MM062193 June 21, 1993 Los Gatos, California FOSTER ROAD 17975/WESTERN CALIFORNIA UNIVERSITY/HO/APPEAL (18.09) Mr. Bedolla, representing owner, Dr. Ho, distributed a letter for the record, which addressed concerns regarding the draft resolution. Consensus of Council to return this item to staff in order to respond to Mr. Bedolla's concerns and proposals and return a report and resolution to Council July 6, 1993. Motion by Mrs. Lubeck, seconded by Mr. Blanton, to continue the adoption of this resolution for two weeks, to July 6, 1993, so that staff may comment on the concerns of the appellant regarding the resolution as it is written, and to give a report on the two options that Mr. Bedolla's letter addresses. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. CLERK'S OBJECTIVES AND DUTIES (06.10) Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council accept this informational report and request that the Clerk return with additional information August 2, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. WORKER'S COMPENSATION PLAN/WILLIS CORROON/RESOLUTION 1993-89 (07.10) Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council adopt Resolution 1993- 89 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH WILLIS CORROON FOR THIRD PARTY ADMINISTRATION OF THE TOWN'S WORKERS' COMPENSATION PROGRAM. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Attaway voted no, questioning the cost of the program. PAST MIDNIGHT Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council continue this meeting past midnight. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. OPERATING BUDGET/1993-1994/RESOLUTION 1993-90 (12.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, to use the figure of $2,647,630 for property tax revenues returned by the State. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to reinstate one parking control officer which offers a visible program responding to resident and business concerns. Carried by a vote of 3 ayes. Mr. O'Laughlin was absent. Mr. Blanton voted no. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1993-90 TC:D5:MM062193 June 21, 1993 Los Gatos, California entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FISCAL YEAR 1993-94 OPERATING BUDGET, which incorporates the motions made regarding increased property tax revenues and addition of one parking control officer. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. MINUTES OF JUNE 7, 1993 (23A.V) Minutes of June 7, 1993 were continued to July 6, 1993, by Council consensus. TC:D5:MM062193 June 21, 1993 Los Gatos, California MINUTES OF JUNE 14, 1993 (23B.V) Minutes of June 14, 1993 were continued to July 6, 1993, by Council consensus. TREASURER'S REPORT/APRIL 1993 (24.V) Informational report submitted by the Treasurer to the Council for the month of March 1993 was received and filed. NOTICING REQUIREMENTS FOR PUBLIC HEARINGS (25.47) Motion by Mr. Blanton, seconded by Mr. Attaway, that staff locate $9,000 to fund the public noticing requirements for certain zoning permits, and to revise the adopted budget accordingly. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TOWN COUNCIL MEETING SCHEDULE/FY 1993-94 Adoption of Town Council Meeting Schedule for the year 1993-94 was continued to July 6, 1993 by Council consensus. ADJOURNMENT Motion by Mr. Attaway, seconded by Mrs. Lubeck, to adjourn this evening's meeting at 12:27 p.m. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. ATTEST: TC:D5:MM062193 June 21, 1993 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D5:MM062193