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M 08-02-93TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY August 2, 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., Monday, August 2, 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 consider Pending Litigation status report which was not heard and will be continued to a later date. Pursuant to Government Code Section 54957.6 to discuss Labor Relations. Council discussed AFSCME employees MOU'S and instructed the negotiator in conduct of the negotiations over the coming months. PRESENTATIONS/YEARS OF SERVICE/COMMENDATIONS (00.10) LEE BOWMAN/PATRICIA MONTOYA MADRID/20 YEARS Mayor Benjamin presented Commendations for years of service to Lee Bowman and Patricia Madrid for their twenty years of continuing service with the Town. Both individuals were present for their commendation and thanked the Mayor for this presentation. JOHN CAMPOS/GEORGE GADD/TAM MC CARTY/MICHAEL YORKS Mayor Benjamin announced commendations for fifteen years of service to John Campos, TC:D5:MM080293 George Gadd, Tam McCarty and Michael Yorks. These individuals will receive their commendations at another time. COMMUNITY SERVICES COMMISSION/COMMENDATION/MARK WEINER (000.20) Mayor Benjamin announced the Commendation from the Town to Mark Weiner for his active participation on the Community Services Commission. Mr. Weiner was present to receive his commendation and thanked the Town for its consideration. TC:D5:MM080293 August 2, 1993 Los Gatos, California POLICE CAR/BID AWARD/MC HUGH LINCOLN-MERCURY/RESOLUTION 1993-100 (01.09) Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1993- 100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH MC HUGH LINCOLN-MERCURY, INC. OF LOS GATOS FOR THE PURCHASE OF ONE UNMARKED POLICE VEHICLE AND THE PURCHASE OF AN ADDITIONAL THREE YEAR OR 72,000 MILE WARRANTY FOR THE VEHICLE, AND AUTHORIZE THE TRANSFER OF FUNDS NECESSARY FOR THIS PURCHASE. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SCHEDULE OF PUBLIC HEARINGS (02.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (03.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (04.47) Accepted the monthly status report from the Planning Commission and Planning Department. FISCAL YEAR/1992-93/ANNUAL REPORT (05.05) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept fiscal year 1992-93 Annual Report. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. PAYROLL/RATIFICATION/JUNE 1993 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify the accompanying check registers for payroll of July 4, 1993 through July 17, 1993 in the amount of $248,387.23 paid on July 23, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ACCOUNTS PAYABLE/RATIFICATION/JUNE 1993 (07.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council ratify accompanying check registers for accounts payable invoices in the amount of $672,001.52 paid on July 15, 16, and 23, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. COUNCILMEMBER PATRICK O'LAUGHLIN/EXCUSED ABSENCE (08.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, 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. TC:D5:MM080293 August 2, 1993 Los Gatos, California CONGESTION MANAGEMENT/DUES/1990-91/STATE MANDATED PROGRAM (09.39) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council appropriate $17,232 from prior year General Fund fund balance to Account 4480-61059, authorize payment under protest of the Town's FY 1990-91 Congestion Management Agency assessment, and authorize Mayor to discuss this matter with the CMA Board's Finance Subcommittee to request a delay until the M.O.E. issue is resolved. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California PARKING CITATION APPEALS/APPOINTMENT/HEARING OFFICER (10.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council authorize the Town Manager to appoint a Town employee or other community volunteer as Administrative Hearing Officer for parking citation appeals. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. MAINTENANCE AGREEMENT/VENTILATING SYSTEM/RESOLUTION 1993-112 (11.28) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 112 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO ENTER INTO AGREEMENT WITH ENVIRONMENTAL SYSTEMS, INC. FOR THE REPAIR AND MAINTENANCE OF TOWN'S HEATING, VENTILATING AND AIR CONDITIONING EQUIPMENT. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. WHEELER AVE 141/STORM DRAIN CONNECTION (12.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council accept staff's recommendation and provide drainage facilities in the Public Right of Way adjacent to the property line for possible private connection. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. RETIREMENT SETTLEMENT/ART ROY/RESOLUTION 1993-113 (13.01) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 113 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING EARLY RETIREMENT SETTLEMENT WITH CAPTAIN ARTHUR ROY, and authorize transfer of $35,000 from account 100-36150 to account 1111-51756 ($27,920) and 1111-52000 ($7,080). Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CONGESTION MANAGEMENT AGENCY/AB 434 FUNDS/RESOLUTION 1993-114 (14.39) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 114 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY AS RECIPIENT OF AND OVERALL PROGRAM MANAGER FOR AB 434 (SHER--1991) VEHICLE REGISTRATION FEE REVENUES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. PERSONNEL RULES AND REGULATIONS/RESOLUTION 1993-115 (15.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 115 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING AND ADOPTING REVISED TOWN PERSONNEL RULES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California HOUSING AND COMMUNITY DEVELOPMENT ACT/RESOLUTION 1993-116 (16.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 116 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH THE COUNTY OF SANTA CLARA ENTITLED, "JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED FOR FISCAL YEARS 1994-1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California SOLID WASTE MANAGEMENT/AMENDMENTS/RESOLUTION 1993-117 (17.07) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 117 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AMENDMENTS TO THE AGREEMENT WITH THE CITY OF CAMPBELL, CITY OF MONTE SERENO, AND CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE MANAGEMENT SERVICES FOR FISCAL YEAR 1992/1993 AND AN AMENDED AGREEMENT FOR THOSE SERVICES FOR FISCAL YEARS 1993/1994 THROUGH 1995/1996. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. RENT MEDIATION PROGRAM/INFORMATION & REFERRAL/RESOLUTION 1993-118 (18A.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 118 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH INFORMATION AND REFERRAL SERVICES, INC. FOR OPERATING THE RENT MEDIATION PROGRAM. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. BELOW MARKET PRICE HOUSING PROGRAM/BMP PROGRAM COMMUNITY HOUSING DEVELOPERS/RESOLUTION 1993-119 (18B.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 119 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT TO AUGUST 5, 1992, AGREEMENT WITH COMMUNITY HOUSING DEVELOPERS FOR OPERATING THE BELOW MARKET PRICE HOUSING PROGRAM. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CAMINO DEL CERRO 15681/TREE APPEAL/LAMONT/RESOLUTION 1993-120 (19.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 120 entitled, RESOLUTION OF THE TOWN OF LOS GATOS GRANTING AN APPEAL OF THE PLANNING COMMISSION DECISION TO DENY AN APPLICATION TO REMOVE A PROTECTED TREE, ARCHITECTURE AND SITE APPLICATION S-93-6, which incorporates the findings and decision of the Town Council meeting of July 19, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CAPRI DRIVE 14115/ZONE MAP AMENDMENT/ORDINANCE 1951 (20.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 1951 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 112 FROM R-1:8 TO RD FOR THE PROPERTY LOCATED AT 14115 CAPRI DRIVE. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California TOWN CODE/READOPTION/CODIFICATION/ORDINANCE 1952 (21.46) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 1952 entitled, ORDINANCE OF THE TOWN OF LOS GATOS READOPTING CERTAIN ORDINANCES OF THE TOWN OF LOS GATOS TO CORRECT CODIFICATION DIFFICULTIES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California KENNEDY ROAD 16221/WEIR/ZONE MAP AMENDMENT/ORDINANCE 1953 (22.09) Town Clerk read the Title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 1953 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP NO. 140 FROM RC TO HR-1:PD FOR THE PROPERTY LOCATED AT 16221 KENNEDY ROAD. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. LOS GATOS-ALMADEN ROAD 16035-16055/PEPPERTREE SCHOOL/ORDINANCE 1954 (23.09) Town Clerk read the Title of the Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council waive the reading of the Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Ordinance 1954 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM R-1:8 TO R-1:8-PD FOR PROPERTY AT 16055 AND 16035 LOS GATOS-ALMADEN ROAD. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. HEARINGS SUVIEW DRIVE 15400/HACKETT/HEARING (24.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision denying a request for abandonment of a 40-foot wide right-of-way and deny the request for abandonment of a 40-foot wide right-of- way across the property owned by Charles Hackett. The following people from the audience spoke to this issue: Charles Hackett, 15400 Suview Drive, reviewed situation and the ability of fire trucks to access the road. Joseph Wucher, Bayshore Development, 18 Barcelona Circle, Redwood City, spoke of their continued efforts to negotiate regarding this project. No one else from the audience addressed this issue. TC:D5:MM080293 August 2, 1993 Los Gatos, California Motion by Mr. Attaway, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council uphold the decision of the Planning Commission that abandonment of a 40 foot right-of-way at 15400 Suview Drive is not consistent with the General Plan and Hillside Specific Plan and deny the request of Mr. Charles Hackett for abandonment of a 40 foot right-of-way across the property located at 15400 Suview Drive. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California HEARINGS CONTINUED WEED ABATEMENT/PROGRAM ASSESSMENT/RESOLUTION 1993-121/HEARING (25.27) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider and confirm report and assessment on abatement of weeds within the Town of Los Gatos. No one from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 121 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF WEED ABATEMENT ASSESSMENTS TO BE COLLECTED ON THE TAX ROLL OF THE TOWN OF LOS GATOS IN THE COUNTY OF SANTA CLARA FOR THE FISCAL YEAR 1993-94. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ZONING ORDINANCE AMENDMENT A-92-5A/HEARING (26.46) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider introducing ordinance amending the Town Code to modify regulations for display of signs on private property for activities under a special events permit. The following people from the audience spoke to this issue: Susanne Rayfield, 16800 Cypress Way, representing the Chamber of Commerce, submitted a letter to Council and requested a continuance of this hearing for more input from other business communities within Town. She presented a letter for the record. Albin Danell, Reservoir Rd., representing the Chamber, asked to have more time to consider alternatives of signs in other locations of Town. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council continue this public hearing to October 4, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ALBRIGHT WAY 101/ZONE CHANGE APPLICATION Z-74-8B/HEARING (27.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider modification of Planned Development Ordinance adopted for the Los Gatos Business Park to permit a health management/fitness center as a permitted use with a TC:D5:MM080293 August 2, 1993 Los Gatos, California Conditional Use Permit, Zone Change Application Z-74-8B. Property located at 101 Albright Way. Property Owner, Los Gatos Business Park. The following people from the audience spoke to this issue: Staurt Adams, Half Moon Bay, owner of the park, spoke to the health and fitness perspective and that a fitness management business would support the concern of physical fitness that this community reflects. TC:D5:MM080293 August 2, 1993 Los Gatos, California HEARINGS CONTINUED ALBRIGHT WAY 101 CONT. Bonnie Revelle, 960 Hampswood Way, San Jose, explained survey of employees in the area and the 20% that showed interest in using the services provided, and spoke of the study of leading national resorts, the services being used and the plans for future services to be offered. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council find that the Zoning Ordinance Amendment is consistent with the General Plan, and finds that the community benefit of promotion of physical fitness and wellness, nutrition and stress reduction that creates mental health that contribute to a vibrant work force which also contributes to a healthy community, and finds that the proposal supports the type of light industry that is currently existing in the park. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE N0. 1247 RELATING TO PERMITTED USES EFFECTING ZONE CHANGE NO. 135 FROM CM AND R-M:5-12 TO CM-PD. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SANTA CRUZ AVE N 330/CONDITION USE PERMIT U-91-6A/HEARING (28.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision to approve a request for permission to establish a restaurant (Tea Room) with outdoor seating and a request for a beer and wine license on property in the C-2 zone. Conditional use Permit Application U-91-6A. Property located at 330 N. Santa Cruz Avenue. Property owner, Fred R. Schneider. Applicants: Bill and Pat Ramirez. Appellant: Charles Perrotta. The following people from the audience spoke to this issue: TC:D5:MM080293 August 2, 1993 Los Gatos, California Charles Perrotta, 218 Casitas Bulevard, owner of downtown business, requested allowances for his business similar to applicant's requests. He offered a package of information and pictures for the record, detailing traffic impacts, garbage can placement and removal of tile roof. Pat Ramirez, 22382 Riva Ridge Dr., applicant of Tea Room and gift boutique explained plans for business and hours of operation. Lisa Strauss, 1213 Lincoln Ave, San Jose, franchiser, explained the concept of the business and the plan to have three to four seatings a day for lunch and afternoon tea. TC:D5:MM080293 August 2, 1993 Los Gatos, California HEARINGS CONTINUED SANTA CRUZ AVE N 330 CONT. Albin Danell, Reservoir Rd., representing the Chamber of Commerce, spoke in favor of this new business enterprise. Kurt Lemons, 18162 Eileen Crt., Parking Commissioner, spoke of the limited parking downtown, no immediate expansion of parking and the need to consider the types of businesses that would be of less impact on the parking concerns. No one else from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council close the public hearing. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. Motion by Mr. Blanton, that Council uphold the Planning Commission's decision approving Conditional Use Permit U-91-6A. Motion died for lack of second. Motion by Mayor Benjamin, seconded by Mr. Attaway, that Council continue this item to August 9, 1993, at 6:00 p.m., so that applicant may work with staff on establishing use allowances that will not cause high traffic generation and that the following be added to the conditions: Service of alcohol be limited to beer and wine, and may be served only with meals on the premises; Conditional Use Permit shall be subject to annual review by the Town Police Department; If it is determined that the sale of alcohol is a nuisance, the permit shall be subject to reevaluation by the Planning Commission. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. SANTA CRUZ AVE N 130G/CONDITIONAL USE PERMIT U-77-24E (29.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision to deny a request for permission to extend hours of operation for an existing restaurant and bar on property in the C-2 zone. Conditional Use Permit Application U-77-24E. Property located at 130-G N. Santa Cruz Avenue. Property owner, Vargo Properties. Applicant: Los Gatos Brewing Company. The following person addressed this issue: Lila Montgomery, 209 University Ave., is opposed to extending the weekday hours but would approve the weekend hours. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council continue this hearing to TC:D5:MM080293 August 2, 1993 Los Gatos, California September 7, 1993 in response to letter received July 28, 1993 from Andrew P. Pavicich. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. OPEN SPACE MAINTENANCE DISTRICT NO. 1/ASSESSMENT RATE (34.04) Mayor Benjamin stated that this was the time and place duly noted to consider adopting resolution setting ad valorem assessment rate for Open Space Maintenance District #1 (Tract no. 3026 and tract no. 3162 Hillbrook Dr. and Fairmead Lane.) TC:D5:MM080293 August 2, 1993 Los Gatos, California OPEN SPACE MAINTENANCE CONT. The following people from the audience spoke to this issue: Everett Eiseler, 112 Hillbrook Drive., as spokesperson of the district, introduced fifteen people who had come in support of equitable assessments. Chuck Steele, 141 Fairmead, requested reconfirmation that funds collected from the open space district would only be used within that district. Peggy Sprague, 132 Hillbrook, was concerned about her high assessment and wanted to review the question of equitability. Joseph Cusick, 163 Eastridge, questioned methods for equalization and the possibility of using the assessments of 1965 for the base value. Charles, 126 Hillbrook, spoke regarding the assessment district. No one else from the audience addressed this issue. Motion by Mayor Benjamin, seconded by Mr. Blanton, that Council continue this item to November 1, 1993; that neighborhood spokepeople will work with staff to develop a proposal that is jointly agreed upon with the neighborhood; that Council authorize use of reserve funds to maintain the open space district for now. Carried by a vote of 3 ayes. Mrs. Lubeck voted no, stating that she did not feel that the reserve should be depleted to cover this maintenance. Mr. O'Laughlin absent. AMERICANS WITH DISABILITIES ACT/RESOLUTION 1993-124 (35.13) Mayor Benjamin stated that this was the time and place duly noted to consider adopting resolution ratifying the Town of Los Gatos Americans with Disabilities Act - Transition Plan. The following person addressed this issue. Jim Lewis, 156 Vista Del Monte, addressed three concerns and recommendations: Asked to see costs associated with each item addressed in the transition plan; the list was not tested for program accessibility, because of this some items could be removed from the list once tested; curb ramps are needed at all intersections. Suggestion was to return to staff; readdress the program accessibility; provide cost estimates; include all curb ramps on priority list. No one else from the audience addressed this issue. Motion by Mr. Blanton, to allow the subcommittee more time to work on these issues and when resolved return to Council. Motion dies for lack of second. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to accept the report introducing Americans with Disabilities Act - Transition Plan as a vital, flexible, fluid report and work with community while acquiring input, and that Council adopt Resolution 1993-124 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING THE TOWN OF LOS GATOS TC:D5:MM080293 August 2, 1993 Los Gatos, California AMERICANS WITH DISABILITIES ACT - TRANSITION PLAN. Carried by a vote of 3 ayes. Mr. Blanton voted no. Mr. O'Laughlin absent. WILDAN ASSOC./ENGINEERING CONSULTANT SERVICES/RESOLUTION 1993-122 (33.11) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1993- entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH WILDAN ASSOCIATES TO PROVIDE TOWN ENGINEERING SERVICES. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California PROJECT 480SLGWD/LOS GATOS BOULEVARD WIDENING/DAVID POWERS & ASSOC ENVIRONMENTAL CONSULTANT SERVICES/RESOLUTION 1993-123 (36.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council make findings required pursuant to Section 2.50.130 of the Town Code that a competitive bidding process for environmental consultant services for the undergrounding of utilities and widening of Los Gatos Boulevard can be dispensed with for the following reasons: a.The firm of David J. Powers and Associates is already under contract with the Santa Clara County Traffic Authority to perform consulting environmental services for the completion of Highway 85, of which the completion of this project is a mitigation measure. b.The widening of Los Gatos Boulevard is required before either the Bascom Avenue/Los Gatos Boulevard or Winchester Blvd. interchanges with Highway 85 can be opened to public use. c.A delay in awarding this agreement in order to go through a competitive process would delay the completion of the construction projects until after the two interchanges are scheduled to be completed and Highway 85 opened. d.A delay in opening the two interchanges would impose severe environmental and traffic congestion impacts on other neighboring streets and residential neighborhoods as vehicles search for alternative routes to access to and from the highway. e.This environmental consultant firm is uniquely qualified to do this work by nature of its experience on other highway projects and based on their previous work project are able to provide a quick turnaround on the environmental documents. The three firms currently on the Town's list to perform these functions have no experience with the Town on projects of this complexity. f.The price for the work to be completed has been negotiated based on the Town's experience in completing other projects and based on the complexity of meeting the air quality analysis and reporting standards, and has been found to be advantageous to the Town. AND that Council adopt Resolution 1993-123 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH DAVID J. POWERS & ASSOCIATES, INC. TO PROVIDE ENVIRONMENTAL CONSULTING SERVICES FOR THE UNDERGROUNDING OF UTILITIES AND THE WIDENING OF LOS GATOS BOULEVARD. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. ALCOHOLIC BEVERAGE POLICY FOR THE DOWNTOWN (37.42) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to continue this item to November 1, 1993. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California PARK COMMISSION/NEW TERM OF OFFICE/STUDENT PARK COMMISSIONER (38.20) The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California PARK COMMISSION CONT. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 19.20.010(c) OF ARTICLE II OF CHAPTER 19 OF THE TOWN CODE TO CHANGE THE TERM OF OFFICE FOR STUDENT PARK COMMISSIONERS. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. CLERK'S OBJECTIVES AND DUTIES/RESOLUTION 1993-125 (30.10) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1993- 125 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROVIDING FOR A JOB DESCRIPTION AND COMPENSATION PLAN FOR THE TOWN CLERK. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. MINUTES OF JULY 19, 1993 (31.V) Mrs. Lubeck requested her name be spelt correctly on page two; that Mr. Attaway's comments concerning well noticed, open and public meetings held by the General Plan committee be included on page four under Council comments for Route 85 hearing; and that the vote for Suview Drive on page seven be corrected to 3 ayes, 1 no by Mr. Blanton and 1 absence. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt the Minutes of July 19, 1993 as corrected. Carried by a vote of 4 ayes. Mr. O'Laughlin absent. TREASURER'S REPORT (32.V) Informational reports submitted by the Treasurer to the Council for the months of May 1993, and June 1993, were received and filed. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mr. Blanton, to adjourn this evening's meeting at 10:45 p.m. to a Closed Session Meeting to discuss the real property negotiations with Ruthanne and Mark Mander for tenant relocation benefits involving the property at 56 Villa Ave. The Open Session will deal with the application for the Tea Room at 330 N. Santa Cruz Ave. Carried by a vote of 4 ayes. Mr. O'Laughlin was absent. TC:D5:MM080293 August 2, 1993 Los Gatos, California ATTEST: Marian V. Cosgrove Town Clerk TC:D5:MM080293