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M 09-15-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY September 15, 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 7:39 p.m., Monday, September 15, 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 54957 (Personnel), regarding the Evaluation of the Town Manager. There is no report at this time. TOWN EMPLOYEE COMMENDATIONS/YEARS OF SERVICE (00.44) Mayor Benjamin commended the following employees for their dedication and years of service to the Town. She noted the Town's appreciation for the commitment these employees have made to their jobs. Tim Morgan for 15 years in the Police Department; Neal Hawkins for 20 years as Reserve Police Officer; John Jennings for 25 years in the Police Department; and Aldo Giordano for 25 years with the Maintenance Department. The honorees were present to receive their commendations and thanked the Town for the privilege of serving our community. ARTS COMMISSION/APPOINTMENT (000.20) Mayor Benjamin announced that two applications had been received from Amie Gillcrest and Elke Groves for one opening on the Arts Commission. Voting was held and Ms Gillcrest was appointed to serve term expiring July 1, 1998. NEWSRACK COMMITTEE/APPOINTMENT (XX.20) Mayor Benjamin announced that no applications had been received for the one opening on the Newsrack Committee. Council requested that the position be readvertised. PERSONNEL BOARD/APPOINTMENT (XXX.20) Mayor Benjamin announced that one application had been received from Berkeley Miller for the one opening on the Personnel Board. Voting was held and Mr. Miller was appointed to serve term expiring September 1, 2002. REDEVELOPMENT ADVISORY COMMITTEE/APPOINTMENT (YY.20) Mayor Benjamin announced that no applications had been received for the one opening on the Redevelopment Advisory Committee. Council requested that the position be readvertised. TC:D9:MM091597 Town Council Minutes September 15, 1997 Los Gatos, California 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. PAYROLL RATIFICATION/AUGUST 1997 (03.V) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council ratify the check register for the payroll of August 10, 1997 through August 23, 1997, paid on August 28, 1997, in the amount of $310,145.45. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/AUGUST 1997 (04.V) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on August 28, 1997 in the amount of $284,101.70. Carried unanimously. MINUTES OF SEPTEMBER 2, 1997 (05A.V) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council approve the Minutes of September 2, 1997 as submitted. Carried unanimously. MINUTES OF SEPTEMBER 8, 1997/STUDY SESSION (05B.V) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council approve the Joint Town Council/Parking Commission Study Session Minutes of September 8, 1997 as submitted. Carried unanimously. ARTS COMMISSION/FUNDRAISING/BUDGET ADJUSTMENT (06.20) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council authorize the Arts Commission to adopt a general approach to fundraising where contributions can be allocated on a percentage basis to approve projects; establish a "General Purpose Deposit Account" for special Arts commission projects; and authorize Community Service Department budget adjustments. Carried unanimously. EMERGENCY HOUSING CONSORTIUM/COMMUNITY DEVELOPMENT BLOCK GRANT FUND TRANSFER/COUNTY OF SANTA CLARA (07.19) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council decrease HCDA program budget to reflect transfer of Emergency Housing Consortium's Community Development Block Grant for 1997-98 to the County of Santa Clara's Housing and Community Development Department and to authorize the Town Manager and Community Services Director to initiate the $10,000 fund transfer as delineated in Attachment 1 of the staff report. Carried unanimously. COMMUNITY SERVICES/REVENUES/DONATION DEPOSIT ACCOUNT (08.19) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council authorize the community Services Department to accept donations made to the Neighborhood Center for supplies, equipment, furnishings and other materials; and allow increases to the Community Services Department revenue and expense budgets as funds are expended from the Neighborhood Center Conation deposit account. Carried unanimously. TC:D9:MM091597 Town Council Minutes September 15, 1997 Los Gatos, California UNDERGROUNDING UTILITIES/BLOSSOM HILL ROAD (09.28) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept report regarding undergrounding of utilities on Blossom Hill Road. Carried by a vote of 4 ayes. Mr. Blanton abstained due to possible conflict of interest. BUS DEPOT/RIDERSHIP/SCHEDULE/ALTERNATIVE LOCATIONS (10.44) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept report on bus depot ridership, schedule, and possible alternative locations. Carried unanimously. BELOW MARKET PRICE HOUSING/IN-LIEU FUNDS/RE-SALE PRICES (11.19) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council conceptually approve expenditure of Below Market Price Housing In-Lieu Funds to reduce re-sale prices. Carried unanimously. SOLID WASTE MANAGEMENT PROGRAM/AB939/INTERN (12.14) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council approve incorporation of several new projects into the Town's Solid Waste Management Program; approve hiring an intern to work part-time to organize the programs; and authorize budget adjustments in the Solid Waste Management Program. Carried unanimously. SOLID WASTE MANAGEMENT/WEST VALLEY JOINT POWERS AUTHORITY RESOLUTION 1997-102 (13.14) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-102 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT FORMING THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY. Carried unanimously. 9517 PROJECT/LOS GATOS CREEK TRAIL/BRIDGE AT LARK AVENUE RESOLUTION 1997-103 (14.35) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-103 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF COLLISHAW CONSTRUCTION, INC. - PROJECT 9517 - LOS GATOS CREEK TRAIL AT LARK AVENUE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. CLASSIFICATION PLAN AMENDMENTS/RESOLUTION 1997-104 (15.10) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-104 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND CLASSIFICATION PLAN TO CHANGE CRIME ANALYST DESIGNATION TO TOWN EMPLOYEES ASSOCIATION (TEA) FROM CONFIDENTIAL, CREATE A TEMPORARY FACILITY ATTENDANT POSITION, CREATE TEMPORARY SKILLED AND APPRENTICE TRADE POSITIONS, AND CHANGE SENIOR PLANNER TO ASSISTANT PLANNING DIRECTOR. Carried unanimously. 9715 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-105 (16.35) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS FOR PROJECT 9715 - TREE PRUNING AND REMOVAL. Carried unanimously. TC:D9:MM091597 Town Council Minutes September 15, 1997 Los Gatos, California VERBAL COMMUNICATIONS: Winchester and Lark property: Jack Aiello, 135 Newell Court, asked Council to have staff stop using the empty lot as a corporation yard storage lot for gravel, portable toilets, construction equipment and trucks. He asked that peripheral shrubbery be planted. Max Perlman, 183 Newell Ave., submitted photos showing the problems at the corner and asked that the lot be cleaned up and kept as residential/recreational space. Mayor Benjamin requested a report back from staff concerning the maintenance of this corner lot. Highland Oaks Way Assisted Living residence: Mark Miller, 122 Highland Oaks Way, expressed his concern over a situation which has developed in his neighborhood concerning an assisted living residential care facility. Mayor Benjamin asked staff to report back and schedule a meeting with the Mayor and the neighbors. HEARINGS UNION AVENUE 258/O'SHEA'S PUB AND GRILL/APPEAL (17.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision revoking Conditional Use Permit U-93-14 for O'Shea's Pub & Grill. The Planning Commission has determined that the establishment has operated in violation of the Conditional Use Permit. The Council can approve or deny the appeal and revoke or modify the Conditional Use Permit. Property is located at 258 Union Avenue. Property owner is Andrew J. and Harriet M. Unzen Trustee. Appellant is Stan Schwartz/O'Shea's Pub & Grill. The following people addressed this issue: Maureen Heberling, 291 Hershner Court, asked that any future use permits limit the hours of operation to 10 P.M. and to not allow alcohol at this location again. Gaye Pare, 255 Howes Court, thanked Council for its help in upholding the integrity of the conditional use permit. No one else in the audience addressed this item. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council deny the appeal and uphold the Planning Commission's decision to revoke Conditional Use Permit U-93-14. Carried by a vote of 4 ayes. Mr. Attaway voted no, believing that the hearing should be extended to give the appellant ample opportunity to come before Council to express his views. LOS GATOS BLVD. PLAN & DESIGN STANDARDS/HEARING (18.47) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the recommendations of the General Plan Committee, Architectural Standards Committee, and Planning Commission, and consider adopting resolution approving the Los Gatos Boulevard Plan and Design Standards. Negative Declaration ND-96-1. Initiated by the Town of Los Gatos. TC:D9:MM091597 Town Council Minutes September 15, 1997 Los Gatos, California HEARINGS CONTINUED LOS GATOS BLVD. PLAN & DESIGN STANDARDS CONT. (18.47) The following people from the audience spoke to this issue: Sheldon Smith, 14225 Lora Drive, Chair of the Trails and Bike Ways Committee, supports the bicycle lanes in the plan. John Thomsen, 134 Alpine Ave., uses the current bike lanes and is in favor of including bike lanes in the boulevard plan for people who use this form of transportation. Robert Swanson, 16005 Los Gatos Blvd., supports the plan, for its beautification, attraction and excessibility to business. He cautioned changing the traffic flow for various reasons: Parallel streets will suffer impacts; Safety issues are a concern with bike lanes; and funding of the public improvements will need commitment from businesses and residents. Jeanne Torre, 306 Willow Hill Court, pro bikes. Using her bike for alternative transportation she favors the bike lanes in the plan. Robert Gellman, 203 Westchester Drive, does not support reducing the lanes nor causing children to feel that they would be safe riding on that street with marked bike lanes. Robert Shultz, 112 Greenfield Place, pro bike lanes, noting the number of riders seeking access to the Los Gatos Creek Trail at Lark. John Font, 77 Alpine, pro bike lane, member of the Trails and Bikeways Commission, spoke of the number of commuters going to work on bikes and noted that businesses were encouraging this mode of travel. Larry Paulding, 297 Carlton Way, resident does not agree with the present plan. Does not want lanes narrowed due to impact on residential neighborhoods, and the safety issues of narrower traffic lanes. Ervie Smith Brewick, 16025 Cerro Vista Drive, has no problem with adult bikers on the boulevard as it is presently laid out, but does not want the area to look attractive to young bikers with bike lanes designated for them. She feels that the lanes present safety issues. Lucille Weidman, 215 Carlester Drive, feels that the marked bike lanes and the narrower traffic lanes will cause an unsafe condition. Barry Rodenberg, 15600 Los Gatos Blvd., Anderson Chevrolet representative, spoke of the need for space to park vehicles, feels that the bike lanes in the street parking area will be unsafe. Allen Tannenbaum, 16530 Bonnie Lane, bike rider, would like the community to reevaluate its' attitude toward bikers. John Moore, 15500 Los Gatos Blvd., Moore Buick Pontiac GMC, against the bike lanes as they are designed in the plan: they are narrow; cross business driveways; are between parked cars and traffic; have caused traffic lanes to narrow; and parking to be restricted. Mark Brodsky, 17306 Grosvenor Crt., Monte Sereno, is pro bikes and for narrower traffic lanes which will slow down the traffic and make room for the bikers. Judy Rodgers, 16511 Camellia Terrace, need sufficient parking on the boulevard to alleviate the employee parking in the residential neighborhoods. Don Peck, 15405 Los Gatos Boulevard, asked for undergrounding of utilities on the boulevard, and that an assessment district be implemented on the boulevard to pay for this service. Parking is a problem for the businesses. Mark short term parking spaces for rapid turnover business. Larry Rugani, 14691 Golf Links Drive, in favor of safe bicycle lanes. Is not in favor of unsafe bike lanes. Speaker, Anderson Chevrolet representative, is amazed that it has come from a beautification plan to bicycle route considerations. Beautification and pedestrian friendly areas were the original thoughts, not bikes! Safety issues first. TC:D9:MM091597 Town Council Minutes September 15, 1997 Los Gatos, California HEARINGS CONTINUED LOS GATOS BLVD. PLAN & DESIGN STANDARDS CONT. (18.47) Speakers continued: Jim McHugh, 16150 Kennedy Road, the overall plans for the boulevard have been endorsed by the businesses but the narrowing of the traffic lanes present many concerns. The impact on business, the safety concerns for bicyclists and the safety issues for drivers. He read a letter from Dr. William Rix, 17480 High Street, who could not attend, but who spoke against the proposed bike lanes. He felt that the existing bike route was sufficient and that the Los Gatos Creek Trail, parallel to the boulevard, was a good alternative. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council close the public hearing. Carried unanimously. Council Comments: Steven Blanton speaking from past personal experience, did not want to see bikes encouraged on the boulevard. He is in favor of the gateway node concept and would like the street furniture situated near these elements. Street islands are questionable if it impedes the flow of traffic. Undergrounding is desirable. Joanne Benjamin asked that the following items be incorporated in the plan: 1) A landscaping plan be included for developers to review and take into consideration when they design their projects; 2) That traffic flow be considered so it will not be forced onto alternative residential arteries; 3) That utility undergrounding become a part of the plan; 4) That bikes be allowed on wider sidewalks; 5) That the fronts of buildings be seen and be accessible from the street side; 6) That the right hand turn lanes on Los Gatos Boulevard and Blossom Hill not be eliminated since it will lead to residential impacts as drivers turn off on side streets to avoid the congested traffic; 7) She would like alternatives to bike lanes discussed and have information regarding solutions found in other communities. Randy Attaway was concerned about the narrowing of the traffic lanes and safety issues. Safety and parallel route congestion were important items for him. He does not think trucks can make turns without obstructing traffic if the right hand turn lanes are removed. He would like to see a report generated in this country that shows that bike lanes can work. Linda Lubeck believes the engineer's solution to the right hand turns on Los Gatos Boulevard and Blossom Hill should be considered. She is willing to sacrifice bike lanes for other elements of the plan. She realizes competing interests do not work for everyone. Jan Hutchins suggested that the plan return to the General Plan Committee with the comments made by Council. He thought more work was needed before Council adopted. Council Consensus to return this item to the General Plan Committee for reconsideration of some of the elements, and to work with the Council's comments and suggestions. All council members were pleased with the majority of the plan and thanked the committee members for their good work. SUPPLEMENTAL LAW ENFORCEMENT SERVICES/HEARING/RESO 1997-106 (19.09) Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider request to use supplemental law enforcement services funds (SLESF) granted to the Town to provide continued funding for one police officer to remain assigned to the Santa Clara County Specialized Enforcement Team; and adopt resolution authorizing the use of supplemental local law enforcement funds (SLESF) to continue funding one full time police officer assigned to the Santa Clara County Specialized Enforcement Team (SCCSET). TC:D9:MM091597 Town Council Minutes September 15, 1997 Los Gatos, California HEARINGS CONTINUED SUPPLEMENTAL LAW ENFORCEMENT SERVICES CONTINUED (19.09) No one from the audience addressed this issue. Motion by Mr. Hutchins, seconded by Mrs. Lubeck, that Council close the public hearing. Carried unanimously. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXPENDITURE OF FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND FOR THE CONTINUATION OF FUNDING OF ONE POLICE OFFICER ASSIGNED TO THE SANTA CLARA COUNTY SPECIALIZED ENFORCEMENT TEAM. Carried unanimously. PAY AND VALET PARKING DOWNTOWN/PRIVATE & PUBLIC LOTS (20.43) TOWN PARKING ASSESSMENT DISTRICTS/ORDINANCE AMENDMENT Mayor Benjamin stated that this was the time and place duly noted to consider adopting ordinance amending Town Code Chapter 29, Division 4, to allow pay and valet parking on public and private lots in Town Parking Assessment Districts and Chapter 29, Division 7, assignment of duties to add review of valet parking lot applications to the Development Review Committee duties. The following people from the audience spoke to this issue: Sue Farwell, 121 Laurel Avenue, spoke in favor of the valet parking and the adoption of the proposed ordinance. No one else from the audience addressed this issue. Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council authorize the revision to the ordinance and continue this item to October 6, 1997. Carried unanimously. For the record Mrs. Benjamin voted for the revision but is still not in favor of this valet parking plan because she feels it will not be temporary and she will be voting no on the adoption. COUNCIL COMMITTEE REPORTS (21.10) Emergency Management Agency Funds Mr. Attaway reported on the Emergency Preparedness Council which will be applying for a Federal Grant of $227,000 by September 30, 1997. The Council voted 9 to 3 in favor of each representative city being allowed one vote concerning the distribution of the funds. Motion by Mr. Attaway, seconded by Mr. Hutchins, to authorize the Mayor to send a letter of support to the Emergency Preparedness Council approving its decision to give every city its own vote. This action allows the council to proceed with its request for funding. Carried unanimously. Mayor Benjamin reminded Council that they were to discuss the process for funding non profits before the next budget session began: 1) The process of reporting and budgeting; 2) and the policies used for new groups making requests. Council Consensus to schedule this discussion as a Work Shop for October 6, 1997 between 6:30 p.m. and 7:30 p.m. ADJOURNMENT Motion by Mrs. Lubeck, seconded by Mr. Attaway, that this evening's meeting be adjourned at 9:47 p.m. Carried unanimously. ATTEST:Marian V. Cosgrove, Town Clerk TC:D9:MM091597