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M 01-17-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY January 17, 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 8:05 p.m., Tuesday, January 17, 1995, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin (arrived at 8:25 p.m.), Steven Blanton, Linda Lubeck and Mayor Patrick O'Laughlin. Absent:None. 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 authorization to continue participation as a class member in the City of Santa Cruz vs Pacific Gas & Electric Company, Santa Cruz (Superior Court Case 128936). It concerns the calculation of franchise fees for municipalities in existence prior to 1911. Council voted unanimously of those present, O'Laughlin, Lubeck and Attaway voting, in favor of continuing as a member in this class action suit. APPOINTMENTS Mayor O'Laughlin announced that appointments to the various committees on this evening's agenda would take place February 7th so that all Councilmembers could participate. COMMENDATION/MARY ALICE BLICE/COMMUNITY SERVICES COMMISSION (00.20) Mayor O'Laughlin presented a commendation from the Town to Mary Alice Blice for her dedicated work during her nine years of service on the Community Services Commission. Ms Blice received her commendation and thanked the Town for the opportunity to serve the community. COMMENDATIONS/AVOID THE THIRTEEN/HOLIDAY TRAFFIC PROGRAM (00.42) Mayor O'Laughlin presented commendations to officers Joe Deprima, Tim Stephens, Bill Farina and Brian Johst for the fifty two arrests made during the time of this program. Apprehending intoxicated drivers from the streets of Los Gatos made the holiday season more enjoyable and safe for the residents and visitors. The officers were present to receive their commendations from the Mayor. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. TC:D7:MM011795 January 17, 1995 Los Gatos, California CODE COMPLIANCE/QUARTERLY REPORT (02.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. TREASURER'S REPORT (03.V) Informational report submitted by the Treasurer to the Council as of November 30, 1994, was received and filed. PAYROLL RATIFICATION/DECEMBER 1994 (04.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the check registers for the payroll of December 4 through December 17, 1994 paid on December 23, 1994 and payroll of December 18 through December 31, 1994 paid on January 6, 1995 in the amount of $442,659.97. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. ACCOUNTS PAYABLE/RATIFICATION/DECEMBER 1994 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on December 26 and 30, 1994 and January 6, 1995 in the amount of $407,440.81. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. MINUTES OF JANUARY 3, 1995 (06.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of January 3, 1995 as corrected. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. FLOOD CONTROL ZONE ADVISORY COMMITTEE/APPOINTMENTS (07.37) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council nominate Trish Duarte, Sr. Engineering Technician, as Representative, Chris Gjerde, Associate Civil Engineer, as Alternate I, and Scott Baker, Director of Building and Engineering Services, as Alternate II to the Central and North Central Flood control Zone Advisory Committee. The actual appointments to be made by the Santa Clara Valley Water Commission Board of Directors. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. LOS GATOS BOULEVARD CHARETTE/PROJECT 3150-AP-BLVD (08.47) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that the Los Gatos Boulevard Charette Project AP-BLVD be adjusted to cover $500 for contract services, $2,767 for contingency, $3,000 for temporary employees and $267 for employee benefits. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. TRAFFIC SAFETY REPORT (09.38) Informational report containing traffic matters as addressed by the Town in an annual report was received and filed. FORBES MILL FOOTBRIDGE/MURAL PROJECT/GRANT APPLICATION (10.28) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Forbes Mill Footbridge Mural Project and authorize Arts Commission and the Trails and Bikeways Committee to submit a 1995 Arts Council of Santa Clara County grant for the Footbridge Mural Project. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. TC:D7:MM011795 January 17, 1995 Los Gatos, California HIGHWAY SIGNS/LETTER OF CONCERN (11.38) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize the Mayor to send letter to Senator Campbell and Assemblyman Cunneen stating Town's position regarding highway signs. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. 9308 PROJECT/SIDEWALK RECONSTRUCTION PROGRAM/RESOLUTION 1995-10 (12.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-10 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH P&F CONSTRUCTION, INC., FOR PROJECT 9308 - BIANNUAL SIDEWALK RECONSTRUCTION PROGRAM, and establish a contingency of 20%. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. 9325 PROJECT/TREE PRUNING/ARBOR CARE/RESOLUTION 1995-11 (13.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-11 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF ARBOR CARE ON PROJECT 9325 - TREE PRUNING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. 9432 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1995-12 (14.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-12 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9432 - TREE PRUNING AND REMOVAL. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. PREFERENTIAL PARKING/VICTORY TO WILDER/RESOLUTION 1995-13 (15.42) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-13 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1992-128 CONVERTING THE NORTH SIDE OF BEAN AVENUE, FROM VICTORY LANE TO WILDER AVENUE, FROM EXISTING COMMERCIAL PARKING TO STANDARD ALMOND GROVE PARKING. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. EQUIPMENT PURCHASE/4X4 UTILITY TRUCK/RESOLUTION 1995-14 (16.28) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-14 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO REJECT BIDS FOR PURCHASE OF (1) ONE 4X4 TRUCK WITH UTILITY BODY, and that council direct staff to negotiate purchase agreement and return to Council for authorization to purchase (1) one 4X4 utility body truck. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. LIEBERT, CASSIDY & FRIERSON/EMPLOYMENT RELATIONS/RESOLUTION 1995-16 (18.12) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-16 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH LIEBERT, CASSIDY & FRIERSON, BAY AREA EMPLOYMENT RELATIONS CONSORTIUM FOR SPECIAL SERVICES RELATING TO LEGAL TRAINING AND CONSULTING. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. TC:D7:MM011795 January 17, 1995 Los Gatos, California MANAGEMENT COMPENSATION PLAN/RESOLUTION 1995-18 (19.10) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-18 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MANAGEMENT COMPENSATION PLAN FOR FISCAL YEAR 1994-95. Carried by a vote of 4 ayes. Mrs. Benjamin was absent. VERBAL COMMUNICATION Telephone Bills: Jo Bartlett, 166 Oak Hill Way, discussed the charges on the local 408 numbers. She asked that staff address the telephone company concerning these recent charges. Staff will investigate the GTE rates and report back to Council. LOS GATOS MUSEUM/REQUEST FOR FUNDING (23.19) Mardi Bennett, 38 Alpine Ave., President of the Board of Directors of the Museum Association, spoke of the Museum's need for inventory coordinator to catalogue collection for preservation and accuracy. The Museum is requesting $3,000 for salary and $1,000 for archival supplies. This inventory is necessary for an appraisal and insurance coverage. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council defer the Los Gatos Museum Association request for additional funding until May 23, 1995 at the time of the annual budget determinations. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. HEARINGS SOLID WASTE MANAGEMENT/REFUSE COLLECTION RATE BASE SOLID WASTE MANAGEMENT RATES/RESOLUTION 1995-19 (21.29) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider solid waste management issues including refuse collection rate base and resolution adoption of solid waste management rates. Staff Comment: Regina Falkner, Community Services Director, discussed the possibilities of Council allowing or disallowing profit generated on franchise fees. There are three different tax rate suggestions to consider. The base tax rate of 40.138% is suggested. Recommendations are made for a single can rate of $15.75 which includes unlimited recycling and yard waste collection. Two different issues are addressed in the report: How to have a reduced fee for those who use less than one can; and ways for certain residents not to have to pay for yard waste collection twice. Mr. Blanton asked that the mini can option be reviewed. That it be part of the operation of reducing the waste stream by rewarding those who recycle and that it provide an alternative for residents on a fixed income. He asked for a larger spread between the $12.75 and the $15.75 realizing that additional cost would be paid by the user of the large can. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council reopen this public hearing. Carried unanimously. TC:D7:MM011795 January 17, 1995 Los Gatos, California HEARINGS CONTINUED SOLID WASTE MANAGEMENT CONT. The following people from the audience spoke to this issue: Charles Richards, 112 Calle Larga, was displeased about the size of the bins. Robert Hart, 15931 Rochin Terrace, asked that Town say no to the rate increases and ask for a decrease instead. Jo Bartlett, 166 Oak Hill Way, spoke of the profit in composting and recycling. Allan Young, 17601 Foster Road, asked that Town use free enterprise to handle recycling and garden waste. Frank Loewas, 236 More Avenue, feels that Green Valley was most unwise to deliver the dumpsters without prior notification to their customers. Clovis Mirassou, 5496 Amby Dr., hopes that mobile homes have been given consideration, and that those residents are not chastised. Sue Peal, 14685 Oka Road, spoke against the rates and does not want to subsidize larger homes with their yard waste. Ray Power, 17652 Tourney Road, is confused about rates and would like more individualized rates to meet the various needs of the resident's use. The composter's rate would be $11.47. Tom Sim, 16960 Placer Oaks Road, on his own and generates little garbage. Donald Worn, 95 Wadsworth Ave, does not want to see an increase in garbage rates. The increase in services does not adequately address waste reduction. Would like to see it scaled to user use. Staff and Council comments and discussion: Mrs. Lubeck pointed out that the yellow bin now takes all junk mail, paper and cardboard. Ms Falkner explained that the only franchise fee that the Town collects is from the garbage and not from any of the recycling. The franchise fees will actually decrease to the Town because the garbage cans will decrease by one third as people do more recycling. The franchise fee is calculated by 10% of gross receipts for refuse only. Mr. Knapp noted that the purpose of the franchise fees is to offset costs to the Town for Green Valley to do business in Town. Their trucks impact our streets heavily. An administrative fee can be added to recycling so as to balance the difference of the loss of franchise fees. Mr. Blanton pointed out that garbage collection is still voluntary in Town, and residents may choose not to have the service offered. Residents may do their own recycling at appropriate locations and properly dispose of their garbage. They may continue to use their own compost methods also. Gerard Wen, representing Green Valley, distributed samples of literature that had been distributed to residents prior to the change in service. Mrs. Benjamin asked about discussions with mobile home parks which have taken place and then inquired about plastic store bag and wax paper recycling. These items are not currently recycled by Green Valley. Mrs. Lubeck asked about the balancing account amortization schedule and the assumption that Council would choose certain options. Mr. Wen noted that Green Valley would be placed in a negative position and not able to negotiate bank credit for operating expenses. Interest expense in the past was avoided but with the new negotiations there will be substantial interest expense. Mr. Blanton asked about apartments. Yard waste disposal is not offered apartments but all other curbside recycling is available. Motor oil change is not permitted at apartments therefore that option is not made available to them. TC:D7:MM011795 January 17, 1995 Los Gatos, California HEARINGS CONTINUED SOLID WASTE MANAGEMENT CONT. Speakers continued: Andrew Palmisano, 702 More Ave, asked if the Town could expect another increase in rates in 1996, and mentioned that our primary goal was solid waste reduction. Ms Falkner noted that a good faith effort by the Town to reduce solid waste would be considered by the State when they started to issue sanctions. She also mentioned that an 8% increase could be expected in 1996. Charles Stouse, Chestnut Avenue, noted that the collection company would be receiving more money for doing less work. He asked about the franchise agreement. Mr. Anderson explained that franchises with garbage companies are exclusive and are considered property rights of the company which may be held from a government agency and only condemnation could take away that franchise. Bill Phillips, representing Los Gatos Woods Assoc., commented on solid waste management in Southern California and the rate structure. There was no one else in the audience who wished to speak to this matter. At this point the tape recorder recording the proceedings was reversed and 45 minutes of the Council Meeting was erased by recording over it with the testimony that followed the missing portion. The following transcript of item #21 is based on the computerized notes which were recorded by the Senior Deputy Clerk during the hearing. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Option 1 of Section C.4) regarding Franchise Fees and allow profit on franchise fees as has been done in the past. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Option 3 of Section D regarding Taxes and use the estimated tax rate of 40.138 percent. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Option 1 of Section E regarding Balance Accounts which would incorporate a balance account deficit of $778,000 through FY 1992-93 into the rate base, amortized over 41 months without interest. Carried unanimously. Mrs. Lubeck stated that it was now time to address the rate issue and she was in favor of a rate which would be consistent for everyone. Mr. Blanton indicated that he was in favor of the mini can concept for single people and the elderly. He is also in favor of charging more for additional cans. This way we would be encouraging people to recycle and limit the number of cans they use. TC:D7:MM011795 January 17, 1995 Los Gatos, California HEARINGS CONTINUED SOLID WASTE MANAGEMENT CONT. Mr. Attaway stated that anytime you give consideration to a specific group, you penalize another. He feels it is admirable to appease those that may have hardships for one reason or another but Council must take a stand to protect the environment and everyone needs to do their part. Mrs. Benjamin would like to make an exception for senior citizens on SSI, but feels that if you begin making exceptions for one group you have to be prepared to make exceptions for others also. Mr. O'Laughlin agrees that it is a hard decision to make and it is unfortunate that we are being forced, at this time, to comply with AB 939 or face severe penalties. We must all reduce our dependency on our land fills. He does not want to carve out sections of the Community. We must have wide spread participation. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-19 entitled RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS MODIFYING RATES FOR SOLID WASTE MANAGEMENT SERVICES, and incorporating a basic fee of $15.75 for the first can, additional cans at 10 percent more and a senior rate for households eligible for and receiving SSI. The rate would be approximately two thirds the base rate. Side yard, backyard, and hard to serve surcharges are to be at a cost recovery rate and commercial and drop-off box rates are to increase 24.1 percent. Carried by a vote of four ayes. Mr. Blanton voted no stating that he feels strongly about the mini can rate option for seniors on fixed incomes and those who generate little waste and are diligent recyclers. Mrs. Benjamin indicated that Green Valley was to continue working with the Condominiums in Town regarding their yard waste and she would also like to see an option which would get recycled compost back to residents. Mr. Anderson indicated to Council that the findings regarding the rate base and revenues would be prepared for the February 6, 1995 Council meeting and would appear on the consent calendar. CAMINO DEL CERRO 16035/REQUEST FOR ZONE CHANGE/HEARING (22.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider a request for a change in Zone from R-1:20,000 (Single Family Residential, 20,000 Square Foot Minimum Lot Size) to HR-1 (Hillside Residential, one (1) to five (5) acres for each dwelling unit) for a 23,402 square foot lot, Zone Change Application Z-94-2. Property Location: 16035 Camino Del Cerro. Property Owner: Wilfred W. Carstens/Margaret F. Carstens. Applicant: Preston W. Hill TC:D7:MM011795 January 17, 1995 Los Gatos, California CAMINO DEL CERRO HEARING CONT. The following people from the audience spoke to this issue: Gordon Levin, 16055 Camino Del Cerro, gave his view of the history of the lot and asked that the appeal be denied. Preston Hill, representing Mr. & Mrs. Carstens, spoke for the proposal and noted that the applicants were fully aware of the problems associated with the lot. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council find that the proposed zone change is consistent with the General Plan and Hillside Specific Plan. Carried unanimously. The Deputy Town Clerk read the Title to the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Blanton, 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 MAP NO. 127 FROM R-1:20 TO HR-1 FOR 16035 CAMINO DEL CERRO. Carried unanimously. POLICE VEHICLES/EQUIPMENT PURCHASE/RESOLUTION 1995-15 (17.28) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-15 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO AUTHORIZE TOWN MANAGER TO EXECUTE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES, FOR PURCHASE OF (12) TWELVE 1995 MODEL CHP CLASS "E" SPECIAL SERVICE VEHICLES. Carried by a vote of 4 ayes. Mr. Attaway voted no because he believes the police fleet should be purchased on a rotating schedule and further consideration should be given to reevaluating the life span of these vehicles. Mr. La Rocca noted that the Town will be purchasing an automated fleet management program making statistical data available for future reports and requests for equipment. WINTER STORMS/LOCAL EMERGENCY/RESOLUTION 1995-18 (20.37) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1995-18 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING DECLARATION OF A LOCAL EMERGENCY, in view of the fact that several local residents were severely impacted by the storm. Carried unanimously. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 11:15 p.m. Carried unanimously. ATTEST: MarLyn J. Rasmussen Senior Deputy Town Clerk TC:D7:MM011795