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M 06-01-98TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY JOINT REDEVELOPMENT AGENCY June 1, 1998/Minutes TOWN COUNCIL The Town Council/Parking Authority/Redevelopment Agency of the Town of Los Gatos met in the Council Chambers of the Town Hall, 110 East Main Street, at 7:34 p.m., Monday, June 1, 1998, in joint regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, and Mayor/Chairman Linda Lubeck. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. CLOSED SESSION Orry Korb, 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. Town Negotiator (Lead): James W. Piper, Assistant Town Manager/Personnel Officer/Associations: American Federation of State, County and Municipal Employees (AFSCME); Town Employees' Association; All Unrepresented Employees. Direction and advice was given regarding continuing negotiations, but no final action was taken. SCHEDULE OF PUBLIC HEARINGS (01.01) Informational report regarding currently scheduled public hearings was received and filed. COUNCIL CALENDAR OF MEETINGS (02.47) Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. RATIFICATION OF PAYROLL/MAY 1998 (03.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check registers for the payrolls of May 3 through May 16, 1998, paid on May 22, 1998 in the amount of $372,469.51. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/MAY 1998 (04.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check registers for accounts payable invoices paid on May 15 and May 22, 1998 in the amount of $445,387.10. Carried unanimously. TREASURER'S REPORT (05.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council accept and file the Treasurer's TC:D10:MM060198 Report as of April 30, 1998. Carried unanimously. TC:D10:MM060198 Town Council Minutes June 1, 1998 Redevelopment Agency Los Gatos, California MINUTES OF MAY 18, 1998 (06A.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of May 18, 1998 as submitted. Carried by a vote of four ayes. Mrs. Benjamin abstained. MINUTES OF MAY 26, 1998 (06B.V) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of May 26, 1998 as submitted. Carried unanimously. PROJECT 9806/OAK HILL PLAYGROUND RENOVATION (09.35) PLAYGROUNDS UNLIMITED AGREEMENT/RESOLUTION 1998-73 C.B. CONSTRUCTION AGREEMENT/RESOLUTION 1998-74 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-73 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9806-OAK HILL PLAYGROUND RENOVATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH PLAYGROUNDS UNLIMITED TO COMPLETE THE PROJECT IN AN AMOUNT NOT TO EXCEED $40,412. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-74 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9806-OAK HILL PLAYGROUND RENOVATION AND AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH C.B. CONSTRUCTION TO COMPLETE THE PROJECT IN AN AMOUNT NOT TO EXCEED $16,000. Carried unanimously. PROJECT 9817/POLICE DEPARTMENT RENOVATIONS/RESOLUTION 1998-75 (10.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-75 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND SPECIFICATIONS FOR PROJECT 9817 - POLICE DEPARTMENT RENOVATIONS. Carried unanimously. Mrs. Lubeck noted for the record that she was concerned about the amount of space the renovated locker rooms will take since all departments are constricted by the size of their work areas. She noted that these locker rooms will be available to the sworn police officers and all other departments as the need and requests arise. The DART team, the reserve officers and other members of our staff will have the use of these accommodations. She will support this project since it will be available to all town personnel. NEIGHBORHOOD CENTER POLICIES AND PROCEDURES/RESOLUTION 1998-76 (11.44) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-76 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ADOPTING POLICIES AND PROCEDURES FOR THE LOS GATOS DOWNTOWN NEIGHBORHOOD CENTER. Carried unanimously. TC:D10:MM060198 Town Council Minutes June 1, 1998 Redevelopment Agency Los Gatos, California RENTAL DISPUTE/SANTA CLARA COUNTY BAR ASSOCIATION/RESOLUTION 1998-77 (12.19) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1998-77 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH SANTA CLARA COUNTY BAR ASSOCIATION FOR RENTAL DISPUTE RESOLUTION SERVICES. Carried unanimously. LOS GATOS BOULEVARD 15575/ZONING MAP #127/ORDINANCE 2046 (13.09) Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 2046 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING MAP #127 FROM R-1:8 TO CH FOR THE PROPERTY LOCATED AT 15575 LOS GATOS BOULEVARD. Carried by a vote of 4 ayes. Mrs. Benjamin abstained. VERBAL COMMUNICATIONS FAR Guidelines on Sloped Lots: David Michael, Monte Sereno, regarding 5 Grove Street, finds the new policy to be a drastic change to what was allowed previously. The new figures in the FAR has caused a 60% reduction in the size of a home. He asked that Council revisit this policy and review an analysis of the reductions proposed. Elizabeth Greer, 224 Johnson Ave, was concerned about her sloped lot and asked if property could be added to the lot to allow a contemporary structure to be built. Eddy Kessler, 227 Loma Alta Ave, lives on sloping lot and would like to build new home on lot for growing family. He believes the town has arbitrarily reduced his options for a home and substantially devalued his property. He was not informed of this pending action, nor invited to a public hearing on the subject, although it directly affects his property. HEARINGS BRUSH ABATEMENT PROCEEDINGS/HEARING/RESOLUTION 1998-78 (14.28) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider adopting resolution overruling objections and ordering brush abatement. There was no one from the audience to address this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1998-78 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OVERRULING OBJECTIONS AND ORDERING ABATEMENT OF BRUSH AS A PUBLIC NUISANCE. Carried unanimously. HERNANDEZ AVE 55/DESIGNATE LANDMARK HISTORIC PRESERVATION/APPEAL (15.09) Mayor Lubeck announced that this was the time and place so noted to reopen a public hearing to consider appeal of a decision from the Planning Commission to initiate proceedings to designate a site with a Landmark Historic Preservation overlay zone. Property address: 55 Hernandez Avenue. Applicant: Town of Los Gatos. Appellants: Willie and Helen Cadiente. TC:D10:MM060198 Town Council Minutes June 1, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED HERNANDEZ AVE 55/DESIGNATE LANDMARK HISTORIC PRESERVATION OVERLAY/CONT. The following people from the audience spoke to this issue: Lawrence Boesch, Attorney for the Cadientes, brought exhibits to submit for the record. Asked that they be copied and submitted to Council later. There were several items marked with yellow post its which referred to Mr. Boesch's discussion of the issue. Leslie Dill, 220 Wilder Ave, representing the Historic Preservation Committee, noted that 99% of the projects submitted to the Committee are approved. Frank La Maggi, 533 North Tenth, San Jose. Speaking about the National Trust coming to Los Gatos to award the grant personally to the contractor for the rehabilitation of this structure. Jim Lyon, 239 Johnson Ave, speaking for the Historic Preservation Committee, noted the changes in the UBC over the years, and how an historic structure does not have to adhere to all UBC requirements. No one else 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. Attaway, to uphold the Planning Commission's decision to initiate proceedings to designate site with a Landmark Historic Preservation overlay zone. Carried unanimously. HIGHLAND AVE 19/SINGLE FAMILY RESIDENCE/APPEAL (16.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider appeal of a Planning Commission decision denying a request for a variance to increase the maximum building height and Architecture and Site approval to construct a new single family residence on property in the HR 2½ zone. No significant environmental impacts have been identified as a result of this project, and a Negative Declaration is recommended. Project Application PRJ-97-113. Variance Application VAR-98-001. Negative Declaration ND-97-018. Property Location: 19 Highland Avenue. Property Owner/Appellant: Angelo Orphan. Applicant: Robert Nebolon, Architect. The following people from the audience spoke to this issue: Angelo Orphan, 109 Puesta del Sol, spoke of his project and noted that his architect and attorney were present. Robert Nebolon, 801 Camellia Street, Berkeley, explained the reasoning for the design in its proposed location, and how this allowed the trees to remain on site and for the structure to be tucked into the landscape. George Eshoo, Attorney, spoke of the rights of the owner to build according to the present requirements of the site and location. Roger Smullen, 25 Highland Ave, believes the proposed project is to large for the neighborhood. Craig Sawyer, 63 Highland Ave, does not think such a large building is compatible with the neighborhood. No one else from the audience addressed this issue. TC:D10:MM060198 Town Council Minutes June 1, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED HIGHLAND AVE 19/SINGLE FAMILY RESIDENCE/APPEAL/CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Blanton, to uphold the Planning Commission's decision and deny A&S Application PRJ-97-113, Variance Application VAR-98-001, and Negative Declaration ND-97-018. Carried unanimously. VASONA HEIGHTS BENEFIT ZONE/FY 1998-1999/HEARING/RESOLUTION 1998-79 (17.23) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments and levying and authorizing collection of assessment for fiscal year 1998-99. Motion by Mr. Blanton, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1998-79 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 1998-1999. Carried unanimously. KENNEDY MEADOWS BENEFIT ZONE/FY 1998-1999/HEARING (18.23) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments and levying and authorizing collection of assessment for fiscal year 1998-99. The following people from the audience spoke to this issue: John Thompson, 111 Kennedy Court, spoke against the town benefit zone and requested the opportunity for the neighborhood to administer the maintenance of this open space area. Kevin Fairbairn, 106 Kennedy Court, asked for additional solutions for caring for this area and requested that the residents be allowed to address the care of this area. Steven Van Dick, 103 Kennedy Court, reaffirmed the concerns regarding the proper maintenance of the landscape benefit zone. No one else from the audience addressed this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue this item to July 6, 1998. Staff to meet with the neighbors and return with a follow up report on this issue. Carried unanimously. SANTA ROSA HEIGHTS BENEFIT ZONE/FY 1998-1999/RESOLUTION 1998-80 (19.23) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments and levying and authorizing collection of assessment for fiscal year 1998-99. TC:D10:MM060198 Town Council Minutes June 1, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED SANTA ROSA HEIGHTS BENEFIT ZONE/CONT. HEARING Motion by Mr. Blanton, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-80 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #1 - SANTA ROSA HEIGHTS BENEFIT ZONE -FOR FISCAL YEAR 1998-1999. Carried unanimously. GEMINI COURT BENEFIT ZONE/FY 1998-1999/HEARING/RESOLUTION 1998-81 (20.23) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments and levying and authorizing collection of assessment for fiscal year 1998-99. Motion by Mr. Blanton, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1998-81 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OF INTENT TO LEVY AND COLLECT ASSESSMENTS FOR FISCAL YEAR 1998-1999 IN LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT #2 - GEMINI COURT BENEFIT ZONE -FOR FISCAL YEAR 1998-1999. Carried unanimously. HILLBROOK BENEFIT ZONE/FY 1998-1999/HEARING/RESOLUTION 1998-82 (21.23) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments and levying and authorizing collection of assessment for fiscal year 1998-99. Motion by Mr. Blanton, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1998-82 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 1998-1999. Carried unanimously. BLACKWELL DRIVE BENEFIT ZONE/FY 1998-1999/HEARING/RESOLUTION 1998-83 (22.23) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider protests and adopt resolution confirming diagram and assessments and levying and authorizing collection of assessment for fiscal year 1998-99. Motion by Mr. Attaway, seconded by Mr. Hutchins, to close the public hearing. Carried unanimously. TC:D10:MM060198 Town Council Minutes June 1, 1998 Redevelopment Agency Los Gatos, California HEARINGS CONTINUED BLACKWELL DRIVE BENEFIT ZONE/FY 1998-1999/CONT. HEARING Motion by Mr. Blanton, seconded by Mr. Hutchins, that Council adopt Resolution 1998-83 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 1998-1999. Carried unanimously. TOWN'S REGULATIONS ON MIXED USE (23.47) Informational item regarding Town's regulations on mixed use was received and filed by Council and the Mayor will give the item to the Chair of the General Plan Committee to consider. MUSIC IN THE PLAZA (07.20) Motion by Mr. Blanton, seconded by Mrs. Benjamin, to authorize an increase of $3,330 for the two June MIP concerts, funded by community donations. Carried unanimously. VEHICLE LICENSE FEE/OPPOSE AB1776/RESOLUTION 1998-84 (08.10) Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-84 entitled, RESOLUTION OF THE TOWN OF LOS GATOS OPPOSING AB 1776 (MC CLINTOCK - ELIMINATION OF VEHICLE LICENSE FEE.) Carried unanimously. COUNCIL & REDEVELOPMENT MEETING SCHEDULE 1998-99 (24.10) Council Consensus that Council approve the Town Council-Redevelopment Agency Meeting Schedule for 1998-99 fiscal year. COUNCIL COMMITTEE REPORTS Joanne Benjamin reminded Council that on Thursday, June 18th at 6PM, the Cities Association will be meeting at the Los Gatos Bacci Ball Court and the hope is to have the Los Gatos Council present to compose a team of four. There is some difficulty since the PG&E meeting is the same night for two councilmembers. ADJOURNMENT Mayor Lubeck adjourned this evening's meeting at 9:44 p.m. ATTEST: Marian V. Cosgrove Town Clerk TC:D10:MM060198