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M 10-02-95TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 2, 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 8:15 p.m., Monday, October 2, 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 54957 to discuss a Personnel Issue, the Annual Performance Evaluation of Town Attorney, which was continued from September 18, 1995. ARTS COMMISSION/APPOINTMENTS (00.20) Mayor O'Laughlin announced that six applications had been received from Dolores Baker, Emerald Hathaway-Bush, Mary Tomasi-DuBois, Patrick Wilkerson, Betsey Ducey and Lael Sigal, for three vacancies on the Arts Commission. Voting was held and Delores Baker, Betsey Ducey and Lael Sigal were appointed to terms ending July 1998. COUNTY COUNCIL ON AGING/APPOINTMENT (000.20) Mayor O'Laughlin announced that one application had been received from James Grant for one vacancy on the County Council on Aging. Mayor O'Laughlin noted the age requirement for serving on this committee. Council asked staff to look into that requirement, and continued this appointment to October 16, 1995. COMMUNITY SERVICES COMMISSION/STUDENT MEMBER/APPOINTMENTS (XX.20) Mayor O'Laughlin announced that two applications had been received from Chiara Grabill and Steven Allan for two student member vacancies on the Community Services Commission. Voting was held and Ms Grabill and Mr. Allan were appointed to terms ending 9/30/96. PLANNING COMMISSION/APPOINTMENT (XXX.20) Mayor O'Laughlin announced that five applications had been received from Catherine Hoffmann, Daniel Hudson, Alfred Melzig, Wesley Peyton and Joseph Pirzynski for one vacancy on the Planning Commission. Voting was held and Mr. Peyton was appointed to term ending January 31, 1998. TC:D7:MM100295 October 2, 1995 Los Gatos, California GENERAL PLAN COMMITTEE/APPOINTMENT (II.20) Mayor O'Laughlin announced that four applications had been received from John Nast, Daniel Hudson, Alfred Melzig and Joseph Pirzynski for one vacancy on the General Plan Committee. Voting was held and Mr. Pirzynski was appointed to a term ending August 1, 1999. COMMUNITY SERVICES COMMISSION/ADULT MEMBER/APPOINTMENT (III.20) Mayor O'Laughlin announced that two applications had been received from Betty Dodd and Sara Werp for one vacancy on the Community Services Commission. Voting was held and Ms Werp was appointed to a term ending January 1, 1997. COMMUNITY SERVICES COMMISSION/COMMENDATION (ZZ.20) Mayor O'Laughlin presented a commendation to Diane Werp for her years of service on the Community Services Commission. Ms Werp accepted the commendation and thanked the Town for the opportunity to serve. REDEVELOPMENT ADVISORY COMMITTEE/COMMENDATION (ZZZ.20) Mayor O'Laughlin presented a commendation to Ted Simonson for his years of service on the Redevelopment Advisory Committee. Mr. Simonson received the commendation and expressed his thanks for the opportunity to serve and for the support given by staff during his term. PARK COMMISSION/COMMENDATION (YY.20) Mayor O'Laughlin presented a commendation to Mary Mackley for her service on the Park Commission. Ms Mackley accepted her commendation and expressed her willingness to serve again at another time. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (02.47) Informational report regarding activity of Planning Commission and Department 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. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1995 (04.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council ratify the accompanying check registers for accounts payable invoices paid on September 22, 1995 in the amount of $90,961.83. Carried unanimously. JOINT COUNCIL/AGENCY MINUTES OF SEPTEMBER 18, 1995 (05.V) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council approve the Minutes of September 18, 1995 as submitted. Carried unanimously. TC:D7:MM100295 October 2, 1995 Los Gatos, California CLAIM DENIAL/EUGENE ATCHESON (06.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny claim of Eugene Atcheson for alleged emotional distress occurring on June 28, 1995. Carried unanimously. AMICUS/BUILDING INDUSTRY ASSOCIATION/CITY OF LIVERMORE (07.01) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize amicus participation in BIA of Northern California v. City of Livermore, First District, Court of Appeals, Case A070517 at no cost to the Town. Carried unanimously. MURAL PROJECT/FORBES MILL FOOTBRIDGE/BUDGET AMENDMENTS (09.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council authorize Town operating budget amendment to include Forbes Mill Footbridge Mural Project grant donations and related expenditures. Carried unanimously. PARK COMMISSION/STUDENT APPOINTMENTS/MINDY ROBERTS/MIKE METTEE (10.20) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council affirm Student Park Commissioner Appointments for Mindy Roberts and Mike Mettee. Mrs. Lubeck noted the students' attendance this evening and recognized them in the audience. Carried unanimously. FINANCIAL REPORT AWARD/CERTIFICATE OF ACHIEVEMENT (11.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on Award of Financial Reporting Achievement to the Town Manager. Carried unanimously. ROBERTS ROAD/SUMMARY VACATION/RIGHT-OF-WAY/RESOLUTION 1995-136 (14.44) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-136 entitled, RESOLUTION OF THE TOWN OF LOS GATOS VACATING PUBLIC RIGHT-OF-WAY AT 108 AND 110 OHLONE COURT (TRACT 8280--300 BLOSSOM HILL ROAD) PURSUANT TO DIVISION 9, PART 3, CHAPTER 4 OF THE CALIFORNIA STATE STREETS AND HIGHWAYS CODE (SUMMARY VACATION). Carried unanimously. DOWNTOWN PARKING/TIME LIMITS/RESOLUTION 1995-137 (15.42) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-137 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CHANGING DOWNTOWN STREET PARKING TIME LIMITS FROM ONE HOUR TO TWO HOURS. Carried unanimously. BELLA VISTA WAY 371/PROPERTY DEVELOPMENT/ORDINANCE (16.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this item to October 16, 1995 Council meeting for reintroduction of revised ordinance. Carried unanimously. VILLA VASONA/BOND REFUNDS/SUBORDINATION/RESOLUTION 1995-138 (16A.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1995-138 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE A SUBORDINATION AGREEMENT FOR VILLA VASONA TO PERMIT REFUNDING OF HOUSING AND URBAN DEVELOPMENT AND COUNTY OF SANTA CLARA BONDS. Carried unanimously. TC:D7:MM100295 October 2, 1995 Los Gatos, California HAUNTED FOREST/CRIME PREVENTION EVENT/OCTOBER 27-31, 1995 (16B.23) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council accept report on Haunted Forest crime prevention event October 27, 1995 through October 31, 1995. Carried unanimously. VERBAL COMMUNICATIONS Cats Festival: Barbra Toren, 15933 Orange Blossom, reported on the success of the first Cats Festival sponsored by the Downtown Association. She spoke of the small town charm, how well the merchants did, the sophistication of the event and how well received it was. She brought pictures to show and noted a video that had been done showing the area before the event, during the festivities and after the clean- up and offered it to Council for their information. She spoke of the show casing of Los Gatos and thanked Town staff, Parks and Maintenance Department and Attorney's Office for their time and cooperation. HEARING TOURNEY ROAD 17651/DRIVEWAY GRADING PLANS/APPEAL (17.09) Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision approving grading plans for a driveway on property in the HR-1 Zone. Architecture and Site Application S-95-47. Property located at 17651 Tourney Road. Property Owner: Des Crain. Appellant: Ray Power. The following people from the audience spoke to this issue: Steve Crain, 728 S. 3rd Street, San Jose, asked for permission to do construction and grading of a driveway that is in the property's boundaries and which will improve emergency vehicle access to the property. To use this driveway owner would need to gain rights to use Tourney Road. Ray Power, 17652 Tourney Road, spoke of Tourney Road being a private road. Told of dedicating the west side of his property to the widening and improvement of Tourney. He requested that the Crains also dedicate a portion of their property for this purpose so as to bring the road up to Town standards. He asked that the Crains demonstrate proof of access to Tourney before a grading permit be issued for a new driveway. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to reverse the Planning Commission's decision and grant the appeal due to an issue which the Commission did not have complete discretion to address but on which Council did have the ultimate discretion to act on a decision. Carried unanimously. Council allowed for a grading permit with the condition that the applicant establish proof of ownership and rights to access on Tourney before any grading can commence. TC:D7:MM100295 October 2, 1995 Los Gatos, California PARATRANSIT SERVICES/OUTREACH INC. (08.19) Jo Bartlett, 166 Oak Hill Way, spoke of the excessive length of the applications and the need of the seniors for a more simple method of requesting service. Regina Falkner addressed several issues regarding service given to our seniors when they apply for the paratransit service. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept informational report regarding County Paratransit Services provided by Outreach, Inc. and file. Carried unanimously. DOWNTOWN BEAUTIFICATION/IMPROVEMENTS (13.49) Jo Bartlett, 166 Oak Hill Way, spoke about the cost of running a sidewalk steam cleaner by the Town's maintenance department. She suggested private maintenance by the merchants and property owners of the sidewalks in front of their establishments. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept the report on improving the appearance of downtown and file. Carried unanimously. Mr. Attaway asked that Council readdress this issue. Council consensus was that the total rehabilitation and downtown beautification project should be addressed at one time and then be opened for bids. That staff would establish a method of accepting donations for new downtown benches with the order of donation determining the order of selection of the site for placement once the sites are identified in the plan. Staff suggested use of masonry block for the planter box repairs. A temporary-permanent fix to the boxes was not considered desirable. Metal strappings that hold the existing planter boxes together with a sign that says the Town has a project planned for replacing the planter boxes in May of 1996 was considered. Budget was discussed and the source of funding for the streetscape program, repair of planter boxes and the adopt-a-bench program was discussed. Staff report for October 16, 1995. Steam cleaning of the downtown sidewalks was discussed and Council requested a staff report considering the different options and scenarios concerning this subject. Merchants', property owners' and Town's responsibilities to be addressed. Types of businesses considered as to the amount of debris they contribute to the sidewalk soil and to trash receptacle use. A plan to establish some order and discipline to downtown trash receptacle disposal schedule, and sidewalk cleaning project. DOWNTOWN PARKING FACILITIES/AIR RIGHT OPTIONS (12.42) Scott Baker requested time to comment on this item and Council took it for information. The question involved substantial development of commercial space in exchange for parking. The item was accepted and filed for information. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council accept report on development of downtown parking facilities through "air rights" options and file. Carried unanimously. TC:D7:MM100295 October 2, 1995 Los Gatos, California FUNDING REQUESTS/FISCAL YEAR 1995-96 (18.06) Town Manager Dave Knapp requested this item be removed from the agenda. COUNCIL COMMITTEES (19.20) Mayor O'Laughlin noted that there were no Council committee reports this evening. ADJOURNMENT Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 9:44 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D7:MM100295