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M 04-01-96TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 1, 1996 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 7:43 p.m., Monday, April 1, 1996, in regular session. ROLL CALL Present:Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin and Mayor Randy Attaway. 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 54957.6 to Conference with Labor Negotiator for the Town, Jim Piper, Assistant Town Manager and Personnel Officer regarding Town Employees' Association (TEA). Items concerning the Meyers Milas Brown Act were discussed and Council gave instructions to the negotiator concerning this matter. 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/MARCH 1996 (04.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council ratify the accompanying check registers for accounts payable invoices paid on March 15 and March 22, 1996 in the amount of $375,799.32. Carried unanimously. MINUTES OF MARCH 18, 1996 (05A.V) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Minutes of March 18, 1996 as submitted. Carried unanimously. MINUTES/JOINT COUNCIL-REDEVELOPMENT/MARCH 18, 1996 (05B.V) TC:D8:MM040196 Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve the Joint Council/Redevelopment Minutes of March 18, 1996 as submitted. Carried unanimously. TC:D8:MM040196 April 1, 1996 Los Gatos, California CLAIM REJECTION/GEORGE POPE (06.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council deny claim of George Pope for alleged personal injuries occurring on December 29, 1995. Carried unanimously. MUSIC IN THE PLAZA (08.20) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council approve Music in the Plaza Guidelines, the Music in the Plaza Budget, and the solicitation of donations to cover project costs and amend Community Services Department 1995-96 Budget. Carried unanimously. AMICUS BRIEF/SOUZA V. CITY OF ANTIOCH (09.01) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council authorize amicus participation in Souza v. City of Antioch, Court of Appeal, at no cost to the Town. Carried unanimously. BOARD OF APPEALS/TERMS OF OFFICE/RESOLUTION 1996-31 (11.20) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991- 279 ESTABLISHING THE BOARD OF APPEALS TO CLARIFY THE TERM OF OFFICE. Carried unanimously. GENERAL PLAN COMMITTEE/MEMBERSHIP CLARIFICATION/RESOLUTION 1996-32 (12.20) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE RESOLUTION 1994-15 REGARDING THE GENERAL PLAN COMMITTEE. Carried unanimously. KENNEDY MEADOWS/BENEFIT ZONE/LANDSCAPE AND LIGHTING ASSESSMENT ENGINEER'S REPORT/RESOLUTION 1996-33 (13.14) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDINGS FOR THE FORMATION OF KENNEDY MEADOWS BENEFIT ZONE TO LANDSCAPE AND LIGHTING DISTRICT #1, DESIGNATING THE ENGINEER OF WORK AND DIRECTING THE FILING OF AN ANNUAL REPORT. Carried unanimously. TOURNEY ROAD #6/ANNEXATION/RESOLUTION 1996-34 (14.14) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-34 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS TOURNEY ROAD #6 TO THE TOWN OF LOS GATOS. Carried unanimously. TREE PRUNING/DAVEY TREE/9514 PROJECT/RESOLUTION 1996-35 (15.35) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-35 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DAVEY TREE EXPERT COMPANY ON PROJECT 9514 - TREE PRUNING - AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. TC:D8:MM040196 April 1, 1996 Los Gatos, California COMMUNITY SERVICES COMMISSION/ENABLING RESOLUTION 1996-36 (17A.20) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-36 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE COMMUNITY SERVICES COMMISSION ENABLING RESOLUTION. Carried unanimously. ARTS COMMISSION/ENABLING RESOLUTION 1996-37 (17B.20) Motion by Mr. Blanton, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-37 entitled, RESOLUTION OF THE TOWN OF LOS GATOS REVISING THE TOWN OF LOS GATOS ARTS COMMISSION ENABLING RESOLUTION 1988-214. Carried unanimously. VERBAL COMMUNICATIONS Measure "C" comments: Carol Ann Weber, 189 Ivy Hill Way, read a letter she had submitted to the Los Gatos Weekly Times asking for investigation of her interpretation of the Mayor's actions in regards to Measure "C" and her position on the Trails Committee. Egon Jensen, 182 Lester Lane, addressed citizen's rights to speak and be heard and to participate in their government. Frank Jones, 112 Bellhaven Drive, spoke of the Council ignoring the will of its constituents regarding raising taxes. Richard Weber, 189 Ivy Hill Way, spoke in support of his wife's position. Nancy Lewellyn, 1680 Cypress Way, questioned the Mayor about the accusations expressed in Ms Weber's letter. No one else from the audience came forward to speak during verbal communication. HEARINGS ROBERTS ROAD 17050/RESIDENTIAL DEVELOPMENT/APPEAL (18.09) Mayor Attaway stated that this was the time and place duly noted for public hearing to consider appeal of a decision of the Planning Commission denying a request for approval of a Planned Development application to change the existing zone on 1.3 acres of property from R-1:8000 (Single Family Residential) to R-M:5-12:PD (Multiple Family Residential, 5-12 dwelling units Per Net Acre, Planned Development), to demolish an existing single family residence, and to construct 9 new single family residences. If no significant environmental impacts are identified as a result of this project, a Negative Declaration will be recommended and an Environmental Impact Report will not be required. Property located at 17050 Roberts Road. Zone Change Application Z-94-3. Negative Declaration Application ND-94-5. Property Owners: Marjorie Neal, Frank Nickson and Janice Ramatici. Applicant: Santa Clara Development Co. Appellant: Mark Robson, Santa Clara Development. The following people from the audience spoke to this issue: Mark Robson, 1978 The Alameda, San Jose, representing Santa Clara Development Co., explained the design elements of the new plan which had been reviewed by the DRC. 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:D8:MM040196 April 1, 1996 Los Gatos, California HEARINGS CONTINUED ROBERTS ROAD 17050 CONTINUED Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council reverse the Planning Commission's decision, finding that there was new information that was submitted to the Council during the appeal process February 5, 1996 and that this information was not readily and reasonably available for submission to the Planning Commission, and that the applicant has met all the requirements in the new plan which was discussed at the February 5th meeting and that Council grant the appeal. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no for reasons stated in previous record, stating that the site was inappropriate for this project. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council make the Negative Declaration; find the zone change is consistent with the General Plan, specifically with the Land Use Element in that the area is designated in the Land Use Element as Medium Density Housing; the designation specifically addresses areas such as this where lower density, multiple residential and more traditional single family can exist in harmony; it is consistent with the Housing Element helping to meet the goals providing a wide range of housing as well as encouraging the housing for families with children right near schools and parks; that there is a finding of community benefit as required by the Town's Traffic Policy and In-Fill Project Policy that it fills a niche of housing for families near parks and schools, and helps to maintain and repair a retaining wall that is necessary for providing safety for pedestrian facilities on Blossom Hill Road; the traffic that will occur from this project will not adversely affect the corner of Blossom Hill and Roberts Road or other streets in the immediate vicinity; including the findings for demolition of a single family home that the demolition does not effect the housing stock since it adds six more houses; and the Historic Preservation Commission concurs that the demolition is not historically or architecturally significant. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no for reasons stated in previous record. The Town Clerk read the Title of the Draft Ordinance. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no for reasons stated in previous record. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE TOWN CODE EFFECTING A ZONE CHANGE FROM R-1:8000 TO RM:5-12-PD FOR PROPERTY AT 17050 ROBERTS ROAD. Carried by a vote of 4 ayes. Mr. O'Laughlin voted no for reasons stated in previous record. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS/PUBLIC SERVICE AGENCIES (19A.06) The following people from the audience spoke to this issue: Regina Falkner, Community Services Director, told of the establishment of CDBG funds in 1974 which carried three primary objectives: 1) Control of Blight; 2) Meet Urgent Need; 3) Address Needs of Los and Moderate Income Households. The Town is reimbursed for all program related expenses. The Town receives a $190,000 federal grant this year. TC:D8:MM040196 April 1, 1996 Los Gatos, California HEARINGS CONTINUED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS/PUBLIC SERVICE AGENCIES CONT: Speakers continued: Jack Neal, 126 College Ave., Vice Chair of Community Services Commission, spoke of the many requests for funding and the decision of the Commission to award the funds to those agencies the Town has previously supported and to make budget reductions equally among the recipients. Donna DiMinico, Director of the Long Term Care Ombudsman Program of Catholic Charities, 2625 Zanker Road, San Jose. Thanked Council for its support and related facts concerning the services that the agency had provided in Los Gatos this year. Leta Friedlander, Director of Live Oak Adult Day Services, 19 High School Court, Los Gatos. Spoke of the 277 residents that were served by this program last year, and thanked Council for the continuing support. Lisa Rauch, representing The Health Place, in the Neighborhood Center. She spoke of the visiting nurse home visitation service in our community, and thanked Council for its continued support. Jean Mathisen, representing Second Harvest Food Bank, Operation Brown Bag Program, 750 Curtner Ave., San Jose. Serves only the extremely low income people in our community who find lack of appropriate food a severe health problem. No one else from the audience addressed this issue. Motion by Mr. O'Laughlin, seconded by Mrs. Benjamin, that Council approve the recommendation by the Community Services Commission regarding the allocation of Community Block Grant Funds to be allocated to Public Service Agencies. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANTS/HOUSING/RESOLUTION 1996-38 (19B.06) The following people from the audience spoke to this issue: Jack Neal, 126 College Ave., Vice Chair of Community Services Commission, spoke of the delegations of funds to the housing agencies. Council comments: Joanne Benjamin, asked why there were additional loans this year. Requested a housing stock survey of all BMP units addressing the square footage and family size in the units; what other types and kind of housing are needed; what size is in demand; what locations are preferable. What type of housing loans are there; how many years are the loans for; are the people who acquired the loans still the recipients of the benefits of the loan. Regina Falkner, Community Services Director, explained how the program works; what kind of applications are required; what the eligibility formula is; but stated that these loans were not tracked as to the applicant's circumstances at this time. Linda Lubeck, spoke of the funds that have been allocated over time and which are now being used within this program. She wanted a more detailed analysis of each program; the funds within that program; the funds available for new loans to be made; and the amount of loans in use and their payoff dates so as to determine the moneys available over time for making new loans. TC:D8:MM040196 April 1, 1996 Los Gatos, California COMMUNITY DEVELOPMENT BLOCK GRANTS/HOUSING/CONT: Speakers continued: Elizabeth Auton, representing Emergency Housing Consortium, San Jose, providing shelter and transitional housing and permanent supportive housing. Served 14 Los Gatans last year. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mrs. Benjamin, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. O'Laughlin, that Council adopt Resolution 1996-38 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL YEAR 1996-97, according to the Community Service Commission's recommendations with the ability of Council to adjust the amounts when they have reviewed additional information which has been requested of staff. Carried unanimously. AFFORDABLE HOUSING/HOUSING REHABILITATION PROGRAM/CDBG (07.19) Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 15, 1996. Carried unanimously. HOUSING CONSERVATION PROGRAM/SAFETY GRANT/RESOLUTION 1996-38 (16.19) Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to April 15, 1996. Carried unanimously. CONCEALED WEAPONS PERMITS/MANDATORY ISSUANCE/RESOLUTION 1996-39 (20.09) Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1996-39 entitled, RESOLUTION OF THE TOWN OF LOS GATOS URGING THE CALIFORNIA STATE SENATE, AND IN PARTICULAR THE SENATE CRIMINAL PROCEDURE COMMITTEE, TO OPPOSE AB 638 (MANDATORY ISSUANCE OF CONCEALED WEAPONS PERMITS). Carried unanimously. OPEN SPACE MAINTENANCE/HOME OWNERS ASSOCIATIONS (10.14) Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept the report on homeowners associations, open space maintenance, and future prospects. Carried unanimously. COUNCIL COMMITTEE REPORTS (21.20) Mrs. Benjamin reported on the Santa Clara County Cities Association and a report distributed by Pat Dandow, of San Jose, which spoke of Towns and Cities contracting for services. She asked that a copy be distributed to the other Council members. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that this evening's meeting be adjourned at 9:24 p.m. Carried unanimously. ATTEST:Marian V. Cosgrove, Town TC:D8:MM040196 April 1, 1996 Los Gatos, California Clerk TC:D8:MM040196