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M 11-06-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY November 6, 1995 Minutes TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:35 p.m., Monday, November 6, 1995, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor Patrick O'Laughlin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION 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(c) (Initiation of Litigation) to discuss a request to authorize litigation for breach of contract by Brian Johst. Council instructed attorney on its concerns. Pursuant to Government Code Section 54956.9(b) (1) (Anticipated Litigation - One Potential Case) after conference with Town Attorney, Council gave instructions on its concerns. TOWN EMPLOYEES/YEARS OF SERVICE/COMMENDATIONS (ZZ.44) Mayor O'Laughlin presented commendations to Ron Dunn for twenty years of service; Ken Berry for fifteen years of service; and Tom Jarvis for fifteen years of service. The recipients of the commendations thanked the Town for the privilege and honor of being able to earn these commendations of dedicated service to the community. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (04.10) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/OCTOBER 1995 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for payrolls of September 24 through October 7, 1995, paid on October 13, 1995 and October 8 through October 21, 1995, paid on October 27, 1995, in the amount of $558,274.34. Carried TC:D7:MM110695 unanimously. TC:D7:MM110695 November 6, 1995 Los Gatos, California ACCOUNTS PAYABLE/RATIFICATION/OCTOBER 1995 (06.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on October 13, 20 and 27, 1995 in the amount of $668,345.82. Carried unanimously. CODE COMPLIANCE/QUARTERLY REPORT (07.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. MINUTES OF OCTOBER 16, 1995 (08.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of October 16, 1995 as submitted. Carried unanimously. AMICUS BRIEF/CITY OF SAN JOSE/COMMISSION ON STATE MANDATE (09.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize amicus participation in City of San Jose vs. State of California, Commission on State Mandates, et al., Sixth District Court of Appeal, at no cost to the Town. Carried unanimously. ANIMAL WASTE/DISPOSAL SYSTEM/DISPOSA-SCOOP (10.28) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept $500 donation from Ed and Christine Jesser for purchase of disposa-scoop animal waste disposal system. Carried unanimously. CABLE TELEVISION TRANSFER/LEGAL SERVICES/RESOLUTION 1995-144 (12.25) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT WITH DUNCAN, WEINBERG, MILLER, AND PEMBROKE FOR LEGAL ADVICE AND COUNSEL RELATING TO A PROPOSED TRANSFER OF A CABLE TELEVISION FRANCHISE FROM BRENMOR CABLE PARTNERS, L.P. DBA SOUTH BAY CABLEVISION TO TCI OF CLEVELAND, INCORPORATED. Carried unanimously. WEED ABATEMENT/PUBLIC NUISANCE/RESOLUTION 1995-145 (13.27) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously. 9511 PROJECT/REROOFING LIBRARY & SERVICE CENTER/RESOLUTION 1995-146 (14.35) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF PACIFIC WEATHERSHIELD, INC - PROJECT 9511 - REROOFING OF CIVIC CENTER LIBRARY, SERVICE CENTER, AND VEHICLE MAINTENANCE BUILDING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. TC:D7:MM110695 November 6, 1995 Los Gatos, California COST CLAIMING SERVICES/DAVID GRIFFITH/RESOLUTION 1995-147 (15.13) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD (DMG) TO PROVIDE STATE MANDATED COST CLAIMING SERVICES FOR THE 1995- 96 FISCAL YEAR. Carried unanimously. AUDITING SERVICES/MAZE & ASSOCIATES/RESOLUTION 1995-148 (16.04) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-148 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDER NO. 1 FOR THE AGREEMENT WITH MAZE AND ASSOCIATES DATED JULY 21, 1995, TO PROVIDE AUDITING SERVICES FOR FISCAL YEARS 1994-95 AND 1995-96. Carried unanimously. TOWN MANAGER/LETTER OF AGREEMENT/RESOLUTION 1995-149 (17.149) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-149 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING LETTER OF AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND TOWN MANAGER. Carried unanimously. ALLEN RUDOLPH/SERVICE COMMENDATION/RESOLUTION 1995-150 (18.20) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-150 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ALLEN RUDOLPH FOR HIS SERVICE AS A MEMBER OF THE PLANNING COMMISSION OF THE TOWN OF LOS GATOS. Carried unanimously. DISPATCH SOFTWARE/HP PRINTER/OCS TECH/POLICE/RESOLUTION 1995-151 (19.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-151 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE CHANGE ORDER 3 FOR THE AGREEMENT WITH OCS TECHNOLOGIES, INC. FOR POLICE DEPARTMENT COMPUTER AIDED DISPATCH (CAD) SOFTWARE AND AUTHORIZING THE SUBSTITUTION OF A HEWLETT PACKARD LINE PRINTER FOR REDUNDANT SOFTWARE. Carried unanimously. WHEELER AVE 129/RESIDENTIAL APPEAL/RESOLUTION 1995-152 (20.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-152 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION APPROVING PLANS TO DEMOLISH AN EXISTING SINGLE FAMILY RESIDENCE AND AN UNLAWFUL SECONDARY DWELLING UNIT AND TO CONSTRUCT A NEW SINGLE FAMILY RESIDENCE ON PROPERTY IN THE R-1:8000 ZONE. ARCHITECTURE AND SITE APPLICATION S-95-28. Carried unanimously. SMALL CLAIMS REPRESENTATIVE OF TOWN/RESOLUTION 1995-153 (21.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-153 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING FOUR CORPORATION REPRESENTATIVES TO THE LOS GATOS SMALL CLAIMS COURT OF SANTA CLARA COUNTY FOR THE TOWN OF LOS GATOS. Carried unanimously. TC:D7:MM110695 November 6, 1995 Los Gatos, California HANDBILL PROHIBITION/ON VEHICLES/ORDINANCE 2004 (22.46) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2004 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 18.10.010 TO PROHIBIT PLACEMENT OF HANDBILLS AND OTHER WRITINGS ON VEHICLES, which was introduced by the Council at its meeting on October 16, 1995. Carried unanimously. BELLA VISTA WAY 371/RESIDENTIAL DEVELOPMENT/ORDINANCE 2005 (23.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2005 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING ORDINANCE 1279 RELATING TO THE DEVELOPMENT OF THE PROPERTY LOCATED AT 371 BELLA VISTA WAY, which was introduced by the Council at its meeting on October 16, 1995. Carried unanimously. HAZARDOUS WASTE FACILITIES/DEFINED/REGULATED/ORDINANCE 2006 (24.07) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Ordinance 2006 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTIONS 29.10.020, 29.20.185 AND 29.20.190 OF THE TOWN CODE TO DEFINE AND REGULATE HAZARDOUS WASTE FACILITIES, which was introduced by the Council at its meeting on October 16, 1995. Carried unanimously. HEARING LOS GATOS BOULEVARD 15553/D'AMICO TIRE SERVICE/PAINT BOOTH (25.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider appeal of Planning Commission decision approving a request to operate automobile related services including retail tire sales and service, body work, general automotive repair, and automobile painting and detailing within an existing automobile service facility in the CH zone. This appeal is to permit additional time for the removal of an existing paint booth. Property located at 15553 Los Gatos Boulevard. Appellant: D'Amico Tire Service Company, Incorporated. The following people from the audience spoke to this issue: Jim D'Amico, 11070 Mt. Hamilton Road, San Jose, owner of the automotive center, had agreed to the closing of the spray booth, but asked for additional time to close the existing business for relocation purposes. Ron Chinitz, 15560 Benedict Lane, lives behind the building and would like the business abated immediately. Joe Doody, 15544 Benedict Lane, asked for a speedy closure to the spray paint business. Troy Jaramillo, 15589 Benedict Lane, asked for a speedy resolution. Eric McKenna, 15573 Benedict Lane, opposed the spray paint operation. Maria Etha, worker at 15553 Los Gatos Blvd., spoke of the care taken to mitigate the paint fume problem and the diligence in looking for another location to move to. Maurice Sharetta, spoke of urgently looking for a new location for his business. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. TC:D7:MM110695 November 6, 1995 Los Gatos, California HEARING CONTINUED LOS GATOS BOULEVARD 15553/D'AMICO TIRE SERVICE/PAINT BOOTH/CONT. Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council modify the Planning Commission decision and require the spray paint business to cease its operations by January 30, 1996. Carried unanimously. LOS GATOS BOULEVARD 15166/OFFICE DEPOT LOCATION (26.09) Mayor O'Laughlin stated that this was the time and place duly noted to consider modifying approved plans to demolish an existing commercial structure and to construct an approximately 28,000 sq. ft. retail store in the CH zone. Modification to include new street address monument and alternate exterior design treatments. Property located at 15166 Los Gatos Boulevard. Property Owner: Charles Charmichael/Office Depot. The following people from the audience spoke to this issue: Virginia Fanelli, 10052 Pasadena Ave, Cupertino, consultant for the project, spoke of the requests from Council to bring back additional renderings showing three different exterior treatments using a variety of horizontal elements, window motifs, an arbor effect, and color variations. Dale Evans, Los Gatos Boulevard Alliance representative, brought up scale and relationship to neighboring buildings. Larry Paulding, 297 Carlton Way, spoke of the support for the project from the adjacent residential neighborhood. Leonard Pacheco, Planning Commissioner, 50 Hernandez Ave., addressed the design elements of the project and suggested focusing on simplicity. Elizabeth Smith, spoke for the Boulevard Alliance, and reminded Council of the charette designs and the need to keep the new projects within the concepts of beautification for the Boulevard. No one else from the audience addressed this issue. Council consensus to have a simple design with two rows of banding which circle the building and appear on the North and West elevations. That the color be a muted white block named W-1, white block with grey aggregate. That Council approves the project in concept and will allow the demolition permit so that the Bay Area Quality Management District will be able to start looking at the project. COUNTY REFERRAL (02.47) Referral #: 5814 Location: South Side of Bear Creek Road Applicant: Denevi Request: Draft EIR Review Recommendation: Neutral The following people from the audience spoke to this issue: Mary Lyle Rempel, lives in the mountains, and spoke of the water quality of Lexington Reservoir. Pete Denevi, property owner, spoke graphically about the proposed project and the many mitigating measures that would be used. No one else from the audience addressed this issue. TC:D7:MM110695 November 6, 1995 Los Gatos, California COUNTY REFERRAL CONT. Council Comments: Mrs. Lubeck feels that a golf course is managed open space and that the venue for hearing this subject is at the County. Mr. Blanton agrees with the goal course managed open space if the land can not be purchased as park land, but would like Council to take an opinion on the proposal. Mrs. Benjamin would like to view the property and have additional information before she make any declarative comments. She is very interested in seeing a comprehensive specific plan for the Lexington Hills to show how many homes could be expected in that vicinity over time. She would not like to make any comments on golf courses until she sees what will be neighboring the project and the impact that might have on the roads and services. She requests that the County do a Master Plan for the area. Her feeling is that the golf course will be growth indusive. Mr. O'Laughlin also spoke for a comprehensive plan of the area which would delineate strict guidelines for development. He suggested dedicating some of the land to open space. Mr. Attaway would like more information but until that time he thinks the Council should remain neutral. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council accept the report for filing, keeping a neutral position, and forward the minutes with discussion and concerns to the County. Carried unanimously. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to accept and file informational report regarding activity of Planning Commission and Department. Carried unanimously. WASTE REDUCTION IN RESTAURANTS (11.07) Motion by Mrs. Benjamin, seconded by Mr. Attaway, to encourage social consciousness among the business owners of downtown restaurants; to take care of the grease traps and sewer problems; to be cognizant of the waste products in our streets due to take out food containers. Carried unanimously. COUNCIL MEETING SCHEDULE/1995-96 (27.10) Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council approve revised Town Council Meeting Schedule for 1995-96 fiscal year scheduling study session on November 27, 1995 to discuss land use decision in the face of the new fiscal realities, to be held at 5:30 p.m. Carried unanimously. COUNCIL COMMITTEES (28.20) Mr. Blanton reported that he would be resigning from the Solid Waste Commission due to a conflict of schedules. He reported that the Vasona Corridor project would need matching funds from the neighboring cities in order to keep a prioritized position for completion. Mrs. Lubeck noted that ABAG General Council meeting was coming up and she will be unable to attend. Mr. Attaway reported that West Valley Sanitation had a litigation problem involving a sewer line in Los Gatos and was discussing taking the maintenance of the lines from Los Gatos. Town needs to send a detailed report to the District and hold discussions with them. Mrs. Benjamin reported on the League of California Cities vote on radar cameras in police vehicles. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 10:20 p.m. Carried unanimously. ATTEST:Marian V. Cosgrove, Town Clerk TC:D7:MM110695