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M 08-18-97TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY August 18, 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 7:37 p.m., Monday, August 18, 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 State of California, et al. v. Bank of America, NT & SA, San Francisco County Superior Court - Action 968- 484. Council voted 4 to 0, with the Mayor absent, to ratify the Town Attorney's decision, to intervene in this action. Pursuant to Government Code Section 54957 (Personnel), regarding the Evaluation of the Town Manager. There is no report at this time. MUSIC IN THE PLAZA SPONSORS/COMMENDATIONS (00.20) Mayor Benjamin commended the following businesses for their generosity in supporting this year's Music in the Plaza concert series. She noted that this event was coordinated jointly by the Town, the Arts Commission and the Community Services Department. Many generous individuals contributed to this success with financial support, time and talent. John Tice went to the business community and secured donations for the performances. He was unable to attend this evening but Kathleen Carmel accepted his commendation for him. The Rotary Club of Los Gatos, Andale Taqueria, The Rose Collection, The Boulanger, San Jose Opera Guild, Calvary Church, and McHugh Lincoln Mercury, were represented and received their commendations. Domus and Willow Street Pizza were also recognized. Those present thanked the Town for opportunity to contribute to this unique community activity. 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. Hutchins, that Council approve the recommended action concerning County Referrals: REFERRAL LOCATION APPLICANT REQUEST RECOMMENDATION TC:D9:MM081897 # 6350 Shannon Road Anderson Grading Approval/One Condition Carried unanimously. TC:D9:MM081897 Town Council Minutes August 18, 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 and filed. PAYROLL RATIFICATION/JULY 1997 (05.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the check register for the payroll of June 29, 1997 through July 12, 1997, paid on July 18, 1997, and the payroll of July 13, 1997 through July 26, 1997, paid on August 1, 1997 in the amount of $629,848.32. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JULY-AUGUST 1997 (06.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council ratify the accompanying check registers for accounts payable invoices paid on July 20, July 25, August 1, and August 8, 1997 in the amount of $1,050,449.47. Carried unanimously. MINUTES OF JULY 21, 1997 (07.V) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council approve the Minutes of July 21, 1997. Carried unanimously. LOCAL EMERGENCY/TERMINATED/FIRE/RESOLUTION 1997-95 (10.28) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-95 entitled, RESOLUTION OF THE TOWN OF LOS GATOS PROCLAIMING THE TERMINATION OF THE LOCAL EMERGENCY CAUSED BY THE FIRE ON AUGUST 7, 1997. Carried unanimously. DISADVANTAGED BUSINESS ENTERPRISES PROGRAM/RESOLUTION 1997-96 (11.05) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-96 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO IMPLEMENT A DISADVANTAGED BUSINESS ENTERPRISES (DBE) PROGRAM. Carried unanimously. 97001 PROJECT/TREE PRUNING & REMOVAL/RESOLUTION 1997-97 (12.28) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-97 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DAVEY TREE EXPERT COMPANY ON PROJECT 97001 - TREE PRUNING AND REMOVAL AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. POLICE DEPARTMENT/COMPUTER SYSTEM SERVICES/RESOLUTION 1997-98 (13.09) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-98 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH HEWLETT PACKARD FOR SUPPORT TC:D9:MM081897 Town Council Minutes August 18, 1997 Los Gatos, California SERVICES FOR THE LOS GATOS POLICE DEPARTMENT. Carried unanimously. TC:D9:MM081897 Town Council Minutes August 18, 1997 Los Gatos, California POLICE DEPARTMENT/COMPUTERIZATION PROJECT (14.09) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council establish a project budget in equipment replacement fund, and approve expenditure of $50,770 to fulfill contract with Tiburon, Inc. Carried unanimously. CAMINO DEL CERRO 9/ANNEXATION/RESOLUTION 1997-99 (15.14) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-99 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE REORGANIZATION OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS CAMINO DEL CERRO 9 TO THE TOWN OF LOS GATOS, (16020 Camino Del Cerro.) Carried unanimously. BELLA VISTA AVE 337/FINAL MAP/RESOLUTION 1997-100 (16.09) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1997-100 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT 8976 AND ACCEPTING THE DEDICATIONS. Carried unanimously. SURVIVOR'S BENEFITS/RETIREMENT SYSTEM/ORDINANCE 2033 (18.14) Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Ordinance 2033 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, which was introduced at the regular Council meeting of July 21, 1997. Carried unanimously. VERBAL COMMUNICATIONS Blossom Hill Undergrounding: Kathy Polen, 14861 Blossom Hill Road, spoke of the undergrounding being done on Blossom Hill Road and the impact it has on her personally. The undergrounding stops right at her house and a new pole is being installed in front of her house to accommodate the changes. She asked that the project be reconsidered. Staff was asked to work with her and her concerns. Sandra Vanessa, 14891 Blossom Hill Road, asked questions about noticing, and requested an extended deadline for finishing the project. Motion by Mr. Attaway, seconded by Mrs. Lubeck, to agendize this subject for a report with alternatives and discussion, September 15, 1997. Carried unanimously. Wild Way Easements: Mary Osborn, 17051 Wild Way, spoke of her continuing concern over the easements on Wild Way and asked to be able to discuss this problem with staff. Staff will make an appointment with Ms Osborn. Toll House Expansion: Brian Hinnman, 37 Broadway, submitted a petition in opposition to the Toll House expansion project. The petition was specifically against the expansion in the rear which impacts Broadway. His petition was not against the expansion in the front. TC:D9:MM081897 Town Council Minutes August 18, 1997 Los Gatos, California CHAMBER OF COMMERCE/SERVICE CONTRACT/RESOLUTION 1997-101 (19.49) Ken Cooper, 718 University Ave. Suite 217, thanked Council for considering the Chamber's proposal. The Chamber feels confident with the contract and is anxious to proceed with it. He noted that the Chamber is actively looking at providing information on the internet. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1997-101 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH THE LOS GATOS CHAMBER OF COMMERCE FOR FISCAL YEAR 1997-1998 SERVICES, and authorize a $20,000 budget. Carried unanimously. HISTORIC PRESERVATION COMMITTEE/NUMBER OF MEMBERS (20.20) The following people from the audience spoke to this issue: Susan Burnett, spoke to the practicality of having two Planning Commissioners serving on the Historic Committee. She volunteered to work on brochures for the historic districts. Kathy Morgan, 142 Wheeler, supports keeping the number of committee members as they are. No one else from the audience addressed this issue. Mrs. Benjamin noted the need for a brochure to capsulize the history of the older homes and districts of Los Gatos. Council Consensus to leave the Historic Preservation Committee as it stands and not reduce the number of Planning Commissioners on the Committee. VALET PARKING/DOWNTOWN CENTRAL CORE/STUDY SESSION 9.8.97 (21.43) Motion by Mrs. Lubeck, seconded by Mr. Hutchins, to accept report on Valet Parking in the Downtown Central Core and confirm, the Parking Commission request for Study Session on September 8, 1997. This meeting will address the many questions Council has regarding valet and paid parking. Some questions are: Do one of the companies handle Valley Fair; How are deliveries handled; View as a trial only with scheduled review. Carried unanimously. Michael Petteruti, Corinthian International Parking, San Jose, spoke regarding valet parking in the downtown area. Spoke of insurance and claims and his company's legal coverage. He spoke of the aesthetics of the town being compatible with valet parking where the impact on image is minimal in comparison to a new parking structure. The budget is accommodated by customer demand. The employees of the company are only on duty as needed. ALTERNATIVE FUELS/FUNDING/VEHICLES/PROJECT STATUS (22.28) Council Consensus to accept report on alternative fuels, funding, equipment purchases, and project status; to give direction to move ahead on investigating possibilities; to review all proposals with Council before decisions are made; to ask Eileen Goodwin for information on the possibilities of obtaining Transportation Agency surplus property for development of a site for CNG fueling. BUS DEPOT PARKING LOT/CONCEPTUAL DESIGN (23.44) Council Consensus to further consider bus depot parking lot conceptual design and to ask staff for further information and answers to the following questions: What is the ridership of the buses at this location; What are the bus schedules; What are the bus routes; Are there alternative locations for this bus depot; Have staff consider the least expensive plan for the proposed parking lot. Mr. Attaway and Mr. Blanton are not committed to this concept. TC:D9:MM081897 Town Council Minutes August 18, 1997 Los Gatos, California ANNUAL REPORT/FISCAL YEAR 1996-97 (08.06) Motion by Mr. Blanton, seconded by Mrs. Lubeck, to accept the Fiscal Year 1996-97 Annual Report. Mrs. Benjamin asked that it be made clear in the report, on page 18, that the Lighting and Landscaping Districts are being contracted out. The Los Gatos Boulevard Plan on page 19 should reflect a September 15, 1997 date for review by Council. Under the Police Department, on pages 19 and 20, there are changes in the headings which will be Crimes Against Persons and Crimes Against Property. The numbers will also be edited. Carried unanimously. Carried unanimously. INTERNET IN LIBRARY/PUBLIC ACCESS (09.44) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to accept report on public access to the Internet in the Library and proceed with plans for installation. Carried by a vote of 4 ayes. Mr. Blanton voted no believing that this is not a first amendment issue. He uses the Internet but does not agree that all that is on the system should be available to children. Mrs. Benjamin asked that staff investigate the methods schools use and that our library be consistent with the elementary and public high schools. She would like the town and schools to work together as a community. Steve Glickman, 145 Maricopa Drive, Elementary School Board Member, noted that other area libraries had not had a problem to date and that the school libraries were functioning well with this access. FAREWELL TO PEGGY MURRAY/TOWN LIBRARIAN Town Manager, David Knapp, announced that this was Ms Murray's last Council Meeting before her retirement. He thanked her for her devoted service to the Town in the position of Librarian and noted her organizational skills while with the Town. Council also wished Peggy well on her future endeavors. PAY AND VALET PARKING ALLOWED/ORDINANCE AMENDMENT (17.43) Motion by Mrs. Lubeck, seconded by Mr. Attaway, to continue this item to September 15, 1997 for further clarification of questions which will be presented at the September 8, 1997 Parking Commission Study Session. This information will help in making the ordinance clearer and give Council additional facts to work with when making the final decisions. Carried unanimously. Council Comments: * Changes and comments can be made at the September 8th meeting for staff to work with. * A permit process should be in place before someone can charge for parking on their private property. * If the Town does not implement a program then individuals will not be allowed to charge. * If the Town has an ongoing program then individuals may charge. * When Old Town starts building and their parking lots are unavailable an alternative option for parking will already be in place. This alternative can be reevaluated when the construction is completed. * What private lots exist? How many spaces are in them? Are the banks the only ones with large lots? LEAGUE OF CALIFORNIA CITIES CONFERENCE/VOTING DELEGATES (24.10) Mrs. Benjamin and Mrs. Lubeck were appointed as alternate delegates to the League of California Cites Annual Conference to be held October 12 through October 14, 1997. TC:D9:MM081897 Town Council Minutes August 18, 1997 Los Gatos, California COUNCIL REPORTS (25.10) Mrs. Lubeck reported on a meeting she attended at Assemblyman Cunneen's office concerning PG&E service levels. PG&E sent four representatives including the statewide vegetation management official, the local supervisor of construction management and his boss from San Francisco, plus a government affairs person. In a performance analysis they found that the service level in our district had nine deficient circuits. These should be upgraded by the end of 1997. Their tree trimming program is inventoried and on an upgraded schedule with 100,000 trees being trimmed last year and 80,000 trees to be trimmed this year. The Vasona Station will not alleviate the problem circuits but only increase delivery. Mrs. Benjamin reported on the debriefing after the Los Gatos hills fire. PG&E took responsibility for the fire when arcing occured in the connector and dripped melted aluminum onto the ground. The fast response by all emergency units helped confine and control the fire. Mr. Hutchins also attended the debriefing. He noted that there was no news coverage to report on the success of this operation. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Lubeck, that this evening's meeting be adjourned at 9:55 p.m. Carried unanimously. ATTEST: Marian V. Cosgrove Town Clerk TC:D9:MM081897