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M 07-21-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 21, 1997 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 7:42 p.m., Monday, July 21, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck and Mayor Joanne Benjamin. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Town Attorney, Orry Korb, announced that prior to this evening's meeting Council met in Closed Session pursuant to Government Code Section 54956.9(a) (Pending Litigation) to discuss Green Valley Disposal Co., Inc. v. Town of Los Gatos, et al., Santa Clara County Superior Court, Case No. CV751534. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(a) (Pending Litigation) to discuss Guadalupe Rubbish Disposal Co. v. Town of Los Gatos, et al., Santa Clara County Superior Court, Case CV752691. There is no report from that discussion at this time. Pursuant to Government Code Section 54956.9(a) (Pending Litigation) to discuss Weir v. Town of Los Gatos, et al., Santa Clara County Superior Court, Case CV757475. The settlement was accepted and dismissed with prejudice. Council accepted the settlement and by this action Mr. Weir has agreed to dismiss his case with prejudice. Pursuant to Government Code Section 54957 (Personnel) to discuss Evaluation of Town Manager. There is no report from that discussion at this time. COUNCIL ON AGING/JOAN GEISEN/APPOINTMENT (00.20) Mayor Benjamin announced that one application had been received from Joan Geisen for one vacancy on the County Council on Aging. Voting was held and Ms Geisen was appointed to term expiring July 1, 2000. NEWSRACK COMMITTEE/APPOINTMENT (000.20) Mayor Benjamin announced that no applications had been received for the one vacancy on the Newsrack Committee. Mrs. Benjamin noted that the position would be readvertised. PERSONNEL BOARD/CAROL MUSSER/APPOINTMENT (XX.20) Mayor Benjamin announced that one application had been received from Carol Musser for one vacancy on the Personnel Board. Voting was held and Ms Musser was appointed to term ending TC:D9:MM072197 September 1, 2001. TC:D9:MM072197 July 21, 1997 Los Gatos, California REDEVELOPMENT ADVISORY COMMITTEE/ELLEN GRAFF/APPOINTMENT (XXX.20) Mayor Benjamin announced that one application had been received from Ellen Graff for one vacancy on the Redevelopment Advisory Committee. Voting was held and Ms Graff was reappointed to term ending August 1, 2001. RENT ADVISORY COMM/WILLIAM KRAUS/CLOVIS MIRASSOU/APPOINTMENTS (YY.20) Mayor Benjamin announced that two applications had been received from William Kraus and Clovis Mirassou for two vacancies on the Rent Advisory Committee. Voting was held and Mr. Kraus and Mr. Mirassou were reappointed to terms ending March 1, 2000. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council approve the recommended action concerning County Referrals: REFERRAL LOCATION APPLICANT REQUEST RECOMMENDATION # 6692 14320 Arnerich Road Weitzman Design Review Approval/Three Conditions # 6690 16294 Shannon Road Hastings Building Site Approval/No Conditions # 5814 South Side of Bear Creek Road Denevi Notice of Preparation of EIR No Action Required Carried unanimously. CODE COMPLIANCE/QUARTERLY REPORT (03.47) Informational report from the Code Compliance Officer regarding abatement of code violations was received and filed. PAYROLL RATIFICATION/JUNE 1997 (04.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the check register for the payroll of June 15, 1997 through June 28, 1997, paid on July 3, 1997, in the amount of $320,076.49. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE-JULY 1997 (05.V) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council ratify the accompanying check registers for accounts payable invoices paid on June 27, July 4 and July 11, 1997 in the amount of $658,240.32. Carried unanimously. TREASURER'S REPORT (07.V) Informational report submitted by the Treasurer to the Council as of June 30, 1997, was received and filed. TC:D9:MM072197 July 21, 1997 Los Gatos, California AMICUS BRIEF/LANDGATE V. CALIFORNIA COASTAL COMMISSION (08.01) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council authorize the Town Attorney to include the Town of Los Gatos as an amicus curiae in the case of Landgate v. California Coastal commission, California Supreme Court action SO59847, at no cost to the Town. Carried unanimously. TC:D9:MM072197 July 21, 1997 Los Gatos, California HOUSEHOLD HAZARDOUS WASTE/COUNTY AGREEMENT/RESOLUTION 1997-82 (10.14) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1997-82 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR PARTICIPATION IN A HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM FOR 1997-1998. Carried unanimously. FEES & APPEALS/PEDDLERS/SOLICITORS/POLICE ALARMS/ORDINANCE 2030 (12.05) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2030 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 14, ARTICLE IV- DIVISION 2 AND ARTICLE V-DIVISION 2 OF THE TOWN CODE CLARIFYING PROVISION FOR PAYMENT OF FEES AND APPEALS. Carried unanimously. FEES/APPEALS/POOL & BILLARDS/BINGO/FORTUNETELLING/ORDINANCE 2031 (13.05) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2031 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 3, ARTICLES II, V AND VI OF THE TOWN CODE CLARIFYING PROVISION FOR LICENSE REQUESTS, PAYMENT OF FEES AND APPEALS. Carried unanimously. BONDS REQUIRED FOR TOWN OFFICIALS/ORDINANCE 2032 (14.10) Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Ordinance 2032 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 2, SECTION 2.30.015, OF THE TOWN CODE RELATING TO THE BONDS REQUIRED OF CERTAIN TOWN OFFICIALS. Carried unanimously. VERBAL COMMUNICATIONS Blossom Hill Gateway: Al Jones, 14761 Blossom Hill Road, complained about Town notification policy, the large wall on the corner of Blossom Hill and Union, and the need for a building moratorium on the orchard. Staff explained that the wall was not restricted by Town Code; that the Town's notification practices exceed those required by law; that the Town is unable to reissue a moratorium on the acreage in question according to recent law. HEARINGS LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/FISCAL YEAR 1997-98 BLACKWELL DRIVE BENEFIT ZONE/RESOLUTION 1997-83 (15.14) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1997-1998, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. TC:D9:MM072197 July 21, 1997 Los Gatos, California HEARINGS CONTINUED BLACKWELL DRIVE BENEFIT ZONE CONTINUED Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-83 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - BLACKWELL DRIVE BENEFIT ZONE FOR FISCAL YEAR 1997-1998, and direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/FISCAL YEAR 1997-98 KENNEDY MEADOWS BENEFIT ZONE/RESOLUTION 1997-84 (16.14) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1997-1998, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1997-84 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - KENNEDY MEADOWS BENEFIT ZONE FOR FISCAL YEAR 1997-1998, and direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/FISCAL YEAR 1997-98 HILLBROOK BENEFIT ZONE/RESOLUTION 1997-85 (17.14) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1997-1998, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. The following people from the audience spoke to this issue: Al Slutman, 119 Hillbrook, supports the district as it now exists but would prefer to see it dissolved. Joe Cusick, 163 Eastridge Drive, also spoke in favor of the district at this time but would prefer to see it dissolved. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. TC:D9:MM072197 July 21, 1997 Los Gatos, California HEARINGS CONTINUED HILLBROOK BENEFIT ZONE CONTINUED Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-85 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - HILLBROOK BENEFIT ZONE FOR FISCAL YEAR 1997-1998, and direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/FISCAL YEAR 1997-98 VASONA HEIGHTS BENEFIT ZONE/RESOLUTION 1997-86 (18.14) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1997-1998, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-86 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - VASONA HEIGHTS BENEFIT ZONE FOR FISCAL YEAR 1997-1998, and direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2/FISCAL YEAR 1997-98 GEMINI COURT BENEFIT ZONE/RESOLUTION 1997-87 (19.14) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1997-1998, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. TC:D9:MM072197 July 21, 1997 Los Gatos, California HEARINGS CONTINUED GEMINI COURT BENEFIT ZONE CONTINUED Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1997-87 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE FOR FISCAL YEAR 1997-1998, and direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. Carried unanimously. LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1/FISCAL YEAR 1997-98 SANTA ROSA HEIGHTS BENEFIT ZONE/RESOLUTION 1997-88 (20.14) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming the diagram and assessments, and levying and authorizing collection of assessment for fiscal year 1997-1998, and to direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. No one 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 Mr. Hutchins, that Council adopt Resolution 1997-88 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONFIRMING DIAGRAM AND ASSESSMENT, AND LEVYING AND AUTHORIZING COLLECTION OF ASSESSMENTS FOR LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE FOR FISCAL YEAR 1997-1998, and direct the Clerk to submit a certified copy of the resolution and assessment to the Santa Clara County Tax Collector. Carried unanimously. WEED ABATEMENT/ASSESSMENTS/RESOLUTION 1997-89 (21.27) 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 Los Gatos and adopt resolution approving report describing parcels of real property and showing amount of weed abatement charges to be collected on the tax roll of the Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. TC:D9:MM072197 July 21, 1997 Los Gatos, California HEARINGS CONTINUED WEED ABATEMENT/ASSESSMENTS CONTINUED Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1997-89 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 1997-98. Carried unanimously. BRUSH ABATEMENT/ASSESSMENTS/RESOLUTION 1997-90 (22.27) 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 brush within Los Gatos and adopt resolution approving report describing parcels of real property and showing amount of brush abatement charges to be collected on the tax roll of the Town of Los Gatos. No one from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Lubeck, to close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1997-90 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING REPORT DESCRIBING PARCELS OF REAL PROPERTY, AND SHOWING AMOUNT OF BRUSH 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 1997-98. Carried unanimously. PUBLIC EMPLOYEES' RETIREMENT SYSTEM/PERS/ORDINANCE INTRODUCTION (23.19) The Clerk read the Title of the Proposed Ordinance. Motion by Mrs. Lubeck, seconded by Mr. Attaway, to waive the reading of the Proposed Ordinance. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ADOPTING AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE TOWN COUNCIL OF THE TOWN OF LOS GATOS TO PROVIDE HIGHER LEVEL OF SURVIVOR'S BENEFITS. Carried unanimously. TC:D9:MM072197 July 21, 1997 Los Gatos, California BUS DEPOT PARKING LOT/CONCEPTUAL DESIGN (24.41) Council consensus that staff continue to explore the possibility of developing parking at the bus depot, but that the concrete deck not be pursued, and the actual use of the bus depot should be analyzed concerning usage of the bus line for transportation and for shipping, and the amount of parcels that are held at the depot. Council would like to see the proposals for twenty three spaces or less and the cost factors involved. This location would be appropriate for employee parking at a fairly minimal cost. This proposal would also review alternative locations for the bus depot. GREEN VALLEY/GUADALUPE RUBBISH/SETTLEMENT/RESOLUTION 1997-91 (25A.29) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-91 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A SETTLEMENT AGREEMENT & RELEASE FROM LIABILITY WITH GREEN VALLEY DISPOSAL COMPANY, INC. & GUADALUPE RUBBISH DISPOSAL COMPANY, INC. Carried unanimously. GREEN VALLEY DISPOSAL/FRANCHISE AGREEMENT/RESOLUTION 1997-92 (25B.29) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-92 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A FRANCHISE AGREEMENT WITH GREEN VALLEY DISPOSAL COMPANY, INC. FOR REFUSE COLLECTION SERVICES. Carried unanimously. GUADALUPE RUBBISH/DISPOSAL SERVICES/RESOLUTION 1997-93 (25C.29) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-93 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A DISPOSAL AGREEMENT WITH GUADALUPE RUBBISH DISPOSAL COMPANY, INC. FOR DISPOSAL SERVICES. Carried unanimously. MINUTES OF JULY 7, 1997 (06.V) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council approve the Minutes of July 7, 1997 as amended by Mr. Attaway. On Page 7, the fourth motion should read as follows: "That the benches be removed from along the side of the property." On Page 11, under Council Reports, the report on Bay Area Air Quality was made by Mr. Attaway, not by Mr. Blanton. Carried unanimously. SANTA CRUZ AVENUE N 115/CHART HOUSE/RESOLUTION 1997-94 (11.09) Motion by Mr. Attaway, seconded by Mrs. Lubeck, that Council adopt Resolution 1997-94 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONDITIONALLY GRANTING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING MODIFICATION TO THE EXISTING CHART HOUSE RESTAURANT CONDITIONAL USE PERMIT TO ALLOW FOR OUTDOOR SEATING WITH THE SERVICE OF ALCOHOL AND GRANTING APPEAL OF A DECISION OF THE PLANNING COMMISSION DENYING AN ARCHITECTURE AND SITE APPLICATION FOR EXTERIOR CHANGES TO THE CHART HOUSE RESTAURANT ON PROPERTY LOCATED IN THE C-2LHP ZONE AND REMANDING THE APPLICATION FOR FURTHER REVIEW BY THE PLANNING COMMISSION. TC:D9:MM072197 July 21, 1997 Los Gatos, California SANTA CRUZ AVENUE N 115/CHART HOUSE/RESOLUTION 1997-94/CONT. (11.09) Motion continued: Motion includes the following amendments: 1) Page 5, (2.a) will include the direction to remove the proposed benches; 2) Page 5, (2.e) that the hours of operation for the entire restaurant (not just the outdoor dining area) should be consistent with the Brewing Company and Willow Street, and the outside dining be consistent with Willow Street. Carried unanimously. COUNCIL REPORTS (26.10) Joanne Benjamin reported that Sue Gilmore with Music In the Plaza, a project of the Arts Commission, asked for volunteers at the Sunday evening weekly event. She needs help with passing out the programs before and during the performances. Mrs. Benjamin also requested that staff investigate the traffic noise during the performances to see if there is some way to deter the excess motor noise from interfering with the productions. Randy Attaway thanked Jan Hutchins for taking his place at the Conceptual Development Advisory Meeting for the Bay Area Air Quality Management District two weeks ago. He also reported on the Air Quality Board Meeting. The agenda concerned the refineries in Concord. He stated that reports show the number of incidents at refineries are going up instead of down. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mr. Attaway, that this evening's meeting be adjourned at 8:27 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM072197