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M 04-07-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY April 7, 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 7:33 p.m., Monday, April 7, 1997, in regular session. ROLL CALL Present:Randy Attaway, Steven Blanton, Jan Hutchins, and Vice Mayor Linda Lubeck. Absent:Joanne Benjamin. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Interim Town Attorney, Natalie West, reported that Council had met in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9(a) Pending Litigation, regarding Green Valley Disposal Company, Incorporated vs Town of Los Gatos, et al, Santa Clara County Superior Court Case CV751534, and Guadalupe Rubbish Disposal Company vs Town of Los Gatos, et al, Santa Clara County Superior Court Case CV752691. There is no report at this time. Pursuant to Government Code Section 54957, Personnel, regarding Public Employee Appointment of Town Attorney. There is no report at this time. PARKS COMMISSIONERS/PRESENTATIONS/BOMBERGER/EASTER (00.44) Vice Mayor Linda Lubeck presented commendations from the Town to Michael Bomberger and Kimberly Easter thanking them for their years of service on the Parks Commission. Both were present to receive their awards and thanked Council for the opportunity of being able to serve the Town. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNTY REFERRALS (02.47) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve the recommended action concerning County Referrals: REFERRAL LOCATION APPLICANT REQUEST RECOMMENDATION # 5403 15959 Stephanie Lane Blue Grading TC:D9:MM040797 Approval/No Conditions Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D9:MM040797 April 7, 1997 Los Gatos, California PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT (03.47) Informational report regarding activity of Planning Commission and Department 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 as a desk item and filed. PAYROLL RATIFICATION/FEBRUARY-MARCH 1997 (05.V) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council ratify the check register for the payroll of February 23, 1997 through March 8, 1997, paid on March 14, 1997, in the amount of $292,983.86. Carried by a vote of 4 ayes. Mrs. Benjamin absent. ACCOUNTS PAYABLE/RATIFICATION/MARCH 1997 (06.V) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on March 14, March 21, and March 28, 1997 in the amount of $600,682.22. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MINUTES OF FEBRUARY 8, 1997 (07A.V) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve the Minutes of Council Study Session held February 8, 1997 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MINUTES OF FEBRUARY 22, 1997 (07B.V) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve the Minutes of Council Study Session held February 22, 1997 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MINUTES OF MARCH 17, 1997 (07C.V) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve the Minutes of Council Study Session held March 17, 1997 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent. MINUTES OF MARCH 17, 1997 (07D.V) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve the Minutes of the regular Council meeting held March 17, 1997 as submitted. Carried by a vote of 4 ayes. Mrs. Benjamin absent. BANNERS IN THE DOWNTOWN/TOWN MAINTENANCE (08.28) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Town staff assume responsibility for displaying and maintaining banners previously maintained by the Downtown Association. Carried by a vote of 4 ayes. Mrs. Benjamin absent. TREE CITY U.S.A./TOWN'S 17TH CONSECUTIVE AWARD (09.23) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council accept report designating the Town of Los Gatos, "Tree City U.S.A." Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D9:MM040797 April 7, 1997 Los Gatos, California DOWNTOWN PARKING STRATEGIC PLANNING ADVISORY COMMITTEE (10.40) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council approve Parking Commission recommendation to establish a Downtown Parking Strategic Planning Advisory Committee. Carried by a vote of 4 ayes. Mrs. Benjamin absent. HILLSIDE NOTICING POLICY (11.47) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt the proposed Hillside Noticing Policy. Carried by a vote of 4 ayes. Mrs. Benjamin absent. 97X01 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-26 (13.35) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-26 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH DAVEY TREE EXPERT COMPANY TO COMPLETE PROJECT 97X01, TREE PRUNING AND REMOVAL IN AN AMOUNT NOT TO EXCEED $28,670. Carried by a vote of 4 ayes. Mrs. Benjamin absent. 9605-A/BIANNUAL SIDEWALK RECONSTRUCTION PROGRAM/RESOLUTION 1997-27 (14.35) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-27 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH A.V.& C. CONSTRUCTION FOR THE CONSTRUCTION OF PROJECT 9605-A BIANNUAL SIDEWALK RECONSTRUCTION. Carried by a vote of 4 ayes. Mrs. Benjamin absent. SKY LANE 2/ANNEXATION/RESOLUTION 1997-28 (15.14) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-28 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE ANNEXATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS SKY LANE 2 TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mrs. Benjamin absent. CELEBRATION OF COMMUNITY DIVERSITY/STANFORD/RESOLUTION 1997-29 (16.10) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-29 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING CELEBRATION OF COMMUNITY DIVERSITY TO BE CELEBRATED AT STANFORD UNIVERSITY ON OCTOBER 18, 1997. Carried by a vote of 4 ayes. Mrs. Benjamin absent. "EOLIAN" SCULPTURE/ERIC ZIEMELIS/RESOLUTION 1997-30 (17.44) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-30 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT AMENDMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 1999. Carried by a vote of 4 ayes. Mrs. Benjamin absent. "SPACE DANCE FOR PEACE"/PAUL GORENIUC/REMOVAL (18.44) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council confirm artist Paul Goreniuc's intention to remove "Space Dance for Peace IV" sculpture by June 1, 1997; increase Community Grant Program by $1,800; and authorize removal of previously encumbered funds to pay costs of TC:D9:MM040797 April 7, 1997 Los Gatos, California removal. Carried by a vote of 4 ayes. Mrs. Benjamin absent. TC:D9:MM040797 April 7, 1997 Los Gatos, California BUILDING PLAN CHECK CONSULTING SERVICES/RESOLUTION 1997-31 (19.28) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-31 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH KUTZMANN & ASSOCIATES, INC. FOR ON DEMAND PLAN CHECK SERVICES. Carried by a vote of 4 ayes. Mrs. Benjamin absent. COMPRESSED NATURAL GAS 1997 STREET SWEEPER/RESOLUTION 1997-32 (20.28) Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1997-32 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT WITH GCS WESTERN POWER AND EQUIPMENT FOR PURCHASE OF ONE (1) NEW 1997 COMPRESSED NATURAL GAS STREET SWEEPER. Carried by a vote of 4 ayes. Mrs. Benjamin absent. VERBAL COMMUNICATIONS Music in the Plaza: Sue Gilmore, 229 Wedgewood Ave., Vice Chair of the Arts Commission, requested donations from the Town, from Council and from members of the audience to help support the Music in the Plaza Program which will be taking place June 22 through August 31, 1997. Toll House Expansion: Brian Hilman, 37 Broadway, opposes the Toll House expansion on its present site. It involves too much impact to the Broadway neighborhood. He favors the hotel purchasing the lot across the street. Councilmember Attaway suggested that Council drive up Broadway and view the temporary structure that outlines the Hotel's proposal. Woodworkers Lumberyard: Jan Hutchins, Councilmember, noted that he was sending a donation for the Music in the Plaza Program in response to the previous speaker's request. Concerning the Lumberyard, Mr. Hutchins apologized to the Town for not speaking his mind earlier in the decision making process. He realizes now the long lasting effects the councilmembers' decisions can have on the fabric of the Town. It is likely that the property in question may be developed with office space and research and development, but the possibilities of resort and conference center adjacent to the park area may have proved more valuable to the Town. HEARING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/CDBG/RESOLUTION 1997-33 (21.19) Vice Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider Resolution Allocating the 1997-1998 Community Development Block Grant Funds. The following people from the audience spoke to this issue: Jack Neal, 126 College Ave., Vice Chair of the Community Services Commission and Chair of the Subcommittee for Evaluation, gave an overview of the reduction in funding this year compared to last year. Overall the program received $18,060 less than the prior year. Lita Freidlander, Director of Live Oak Adult Day Services, thanked Council for its support over the years. She noted a facility being built in Willow Glen. TC:D9:MM040797 April 7, 1997 Los Gatos, California No one else from the audience addressed this issue. TC:D9:MM040797 April 7, 1997 Los Gatos, California HEARING CONTINUED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING CONT. Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried by a vote of 4 ayes. Mrs. Benjamin absent. Motion by Mr. Hutchins, seconded by Mr. Blanton, that Council adopt Resolution 1997-33 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ALLOCATING COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE TOWN OF LOS GATOS FOR FISCAL YEAR 1997-1998. Carried by a vote of 4 ayes. Mrs. Benjamin absent. Mr. Hutchins noted that at the recent County CDBG meeting, the Community Housing Developers were granted $250,000 toward their plans for the Los Gatos Creek Housing. Mr. Attaway noted that Therma Corporation had donated air conditioning and plumbing for the new Live Oak Senior Services Center in Willow Glen. OLIVE STREET/PARKING SAFETY CONCERNS (23.40) Vice Mayor Lubeck stated that this was the time and place duly noted to consider staff report regarding safety concerns related to Olive Street. Scott Baker, Director of Building and Engineering services, addressed several safety issues associated with the present parking configurations existing on this narrow substandard street. He noted the Fire Departments' recent exercise on this street, and the difficulty in maneuvering fire equipment within the existing boundaries. He asked to continue this issue to May 5, 1997 so as to continue dialogue between the neighborhood, Central Fire District and Town staff. Chief Hendricks, from Central Fire District, showed slides of the problems confronted in negotiating fire equipment on this street. In some instances there was barely an inch on room to squeeze by, there was no room to hook up hoses or set up ladders, nor could the firemen exit the emergency vehicle. When these problems are brought to the attention of the Fire District they must be addressed and corrected for public safety. The following people from the audience spoke to this issue: Carla Malacheck, 107 Olive, noted that Olive has been configured this way for over 50 years and has not had a problem; staggered parking is more convenient for the residents than having one side of the street no parking; 24 hour residential parking district would greatly facilitate the impact from the surrounding businesses. Stephanie Linet, Olive resident, spoke of the great impact the businesses have on the parking conditions of Olive, noting the types of vehicles and number of vehicles that the assorted businesses park there. Steve Pace, 125 Olive, prefers to leave the street as it is to keep the speed down; one side parking would increase speed by having a wider through lane; would like speed bumps installed. Mark Jensen, 102 Olive, is in favor of permit parking, and assuring that any changes to the parking situation do not cause increased speed on the street. Tom Pink, 120 Olive Street, asked that the residents who live on the street be allowed to park near their homes, and don't trade traffic safety issues for fire safety. Staggered parking is the preferred solution. These were consensus issues of the neighborhood. TC:D9:MM040797 April 7, 1997 Los Gatos, California OLIVE STREET/PARKING SAFETY CONCERNS CONT. Natalie West, 62 Moore Ave., Oakland, spoke of living through the Oakland fire, and the devastation caused by narrow streets which are inaccessible to fire fighting equipment. No one else from the audience addressed this issue. Mr. Attaway asked that the neighbors work out a compatible solution to the safety issues and convenience issues which will benefit the neighborhood and the underlying public safety concerns identified by the Town and Fire Department. Motion by Mr. Hutchins, seconded by Mr. Attaway, that this matter be continued to the Town Council meeting of May 5, 1997 so that Town staff and Fire Department may have an opportunity to work with the neighborhood to reach a compromise solution. Carried by a vote of 4 ayes. Mrs. Benjamin absent. GENERAL PLAN TASK FORCE/CITIZENS COMMITTEE (22.20) Vice Mayor Lubeck stated that this was the time and place duly noted to consider whether or not to create a citizens General Plan Task Force. Council Comments: Jan Hutchins explained that the goals of the committee are to involve and inform our community in the choices we anticipate facing over the next few years. The Task Force will be selected to represent all significant interest groups, convene and then be asked to reach a consensus about a vision of Los Gatos into the 21st century. The General Plan, Hillside and Downtown Specific Plan will serve as the basis for the work. A professional facilitator will be hired to maximize the results. The results will be used to empower Town government to better serve the interests of the community as well launch revisions in the Town's General or other plans. Randy Attaway asked for more justification for the $70,000 estimate on the cost of this project. He would like this to remain a volunteer process and not generate high costs to the Town. Planning Director, Lee Bowman, noted that Council could choose from options, and define the scope of activity and the amount it will spend to accomplish that. Steve Blanton addressed the overall review of the community plan but also asked that some specific properties that are at issue be reviewed and considered. He favors the facilitator. Linda Lubeck thought the proposal had grown larger than what she had originally envisioned. The first ideas had involved a few meetings to generate ideas and opinions which Council and the General Plan Committee could consider in its deliberations. She was comfortable with that plana, but she prefers the present proposal. She questioned a facilitator costing $70,000, noting how closely staff was going to have to be involved in this procedure to begin with. She suggested hiring temporary staff to assist with the paper work and supplemental activities. The following people from the audience spoke to this issue: Maggie Creighton, 142 Tait Ave., spoke of public participation in a consensus building environment and the absolute need of a professional leader, skilled in the use of techniques which help all members participate, understand what each is trying to say, and come to conclusions which are comfortably shared within the group. The need to prioritize these hard won conclusions and then see that the whole group stands behind its decisions and supports its conclusions is the work of the facilitator. Council should be very clear in its directive to the committee that it is asking for recommendations and not final decisions. TC:D9:MM040797 April 7, 1997 Los Gatos, California GENERAL PLAN TASK FORCE CONT. Speakers continued: Maggie Creighton cont. She felt that the following questions should be asked the applicants: Can you work toward consensus?; Can you live with a true understanding of someone who has an opposite view point from yours?; Can you seek understanding? Michael Bomberger, 114 Dardenelli Lane, recommended the use of a facilitator/communicator who also has some expertise in the planning field and is experienced in the consensus building techniques. Joe Persynski, 350 Los Gatos Blvd., has had experience with facilitating. He feels an outside facilitator would generate distrust, especially with the dollar amount this process may cost. He would like to see more community involvement, and urges caution in selection of the committee. Consensus building for the good of the whole community is the goal and not the furthering of ones own agenda. No one else from the audience addressed this issue. Randy Attaway asked that staff review the applications and send each Coucilperson the applications and matrix to review and make comments which will be forwarded to the subcommittee. This would become #8 in Attachment 1, and the following items would become #9 and #10. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council create the Citizens General Plan Task Force; define the role of the Task Force by Attachment 1 of the staff report; accept the Goal, the Means, the Schedule, the Size and the Qualifications as defined in the staff report; and accept the Application Form as defined in Attachment 2. Additionally in Attachment 1, under Means #4 the word decisions shall be struck and "their recommendations" will be inserted. A resolution to this effect will return to Council April 21, 1997. Carried by a vote of 4 ayes. Mrs. Benjamin absent. Motion by Mr. Attaway, seconded by Mr. Hutchins, that staff return with RFP for discussion purposes to Council on April 21, 1997. The RFP is to seek a professional facilitator who also has experience in planning issues and facilitating and coordinating this type of Citizens General Plan Task Force. Those Council members who are absent can fax back their comments to staff. Carried by a vote of 4 ayes. Mrs. Benjamin absent. RENTAL DISPUTES/TENANT-LANDLORD DISPUTES/ORDINANCE INTRODUCTION (24.19) Vice Mayor Lubeck stated that this was the time and place duly noted to consider Introducing Ordinance Amending the Los Gatos Town Code, Article VIII, Rental and Other Tenant/Landlord Disputes (Sections 14.80.010 - 14.80.315.) The following people from the audience spoke to this issue: Sue Fish, Chair of the Rent Advisory Committee, noted that these changes were not policy changes but simply clarification concerning other parts of the Town Code, other agency regulations, and modification of language. Harriet Shuel, 15155 Blossom Hill Road, representing Information and Referral, had been administering this Ordinance since 1980. This Ordinance is a communication vehicle. Most disputes that arrive at her office are resolved through information and communication between the parties, and only 3% petition to use the process provided by the Ordinance. No one else from the audience addressed this issue. TC:D9:MM040797 April 7, 1997 Los Gatos, California RENTAL DISPUTES/TENANT-LANDLORD DISPUTES/ORDINANCE INTRODUCTION CONT. Senior Deputy Town Clerk read the Title of the Proposed Ordinance. Motion by Mr. Attaway, seconded by Mr. Hutchins, to waive the reading of the Proposed Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council introduce Proposed Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS ARTICLE VIII, RENTAL AND OTHER TENANT/LANDLORD DISPUTES (SECTIONS 14.80.010 - 14.80.315.) Carried by a vote of 4 ayes. Mrs. Benjamin absent. PURCHASING MANUAL/RESOLUTION 1997-25 (12.06) Motion by Mr. Attaway, seconded by Mr. Blanton,that Council adopt Resolution 1997-25 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING AMENDED TOWN PURCHASING MANUAL PURSUANT TO TOWN CODE 2.50.145, AND REPEALING RESOLUTION 1994-74. This Resolution to exclude all vehicles which will continue to come to Council for approval. [On Page 22 there is a correction under Mileage Claim Reimbursement, in the Second Line after the word California, the section right below in parenthesis should move up beside the word California.] Carried by a vote of 3 ayes. Mrs. Benjamin absent. Mrs. Lubeck voted no because she feels all items are listed clearly in the budget which is thoroughly discussed each year before the budget is adopted. COUNCIL MEETING SCHEDULE FOR 1996-97 (25.10) Motion by Mrs. Lubeck, seconded by Mr. Blanton, to Amend Town council Meeting Schedule for 1996-97 Fiscal Year: Replacing 1997-98 operating budget study session on April 14 with a hearing on the 1997-98 operating budget on Tuesday, May 27th.; and Cancelling april 28, 1997 council/Redevelopment Agency Study session on the Downtown Parking Improvement Plan and scheduling april 30, 1997, from 5p.m. to 8p.m., Joint Council/Planning Commission field trip by bus to review recently constructed projects. Carried by a vote of 4 ayes. Mrs. Benjamin absent. COUNCIL COMMITTEE REPORTS (26.10) Jan Hutchins spoke of the Vasona Light Rail Corridor Meeting and information interesting to Los Gatos constituents. The reconfiguration of the downtown San jose is being discussed and voted on. There is a $13,000,000 difference in the redesign. If this money does not get spent there is a possibility it can go toward the Vasona Corridor extension. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Hutchins, that this evening's meeting be adjourned at 9:57 p.m., to a joint Town Council and Redevelopment Agency Meeting immediately following. Carried by a vote of 4 ayes. Mrs. Benjamin absent. ATTEST: MarLyn J. Rasmussen Senior Deputy Town Clerk TC:D9:MM040797