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M 10-07-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY October 7, 1991 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 8:15 p.m., Monday, October 7, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, and Mayor Brent N. Ventura. Absent:Eric D. Carlson YOUTH ADVISORY COMMISSION/APPOINTMENTS Mayor Ventura announced that 13 applications had been received for vacancies on the Youth Advisory Commission. Voting was held and Council appointed all of the interested applicants. Brooks Brodrick, Adam Brown, Kirsten Fish, Eleanor Harwood, Kim Kolerus, Patricia Lowe, Marisa Michaels, Dawniel Page, Tova Rugani, Kristen Swan, Shelly Weger, Seth Wheatley and Erik Wolf were appointed to a one year term expiring June 30, 1992. PERSONNEL BOARD/APPOINTMENT/RICK MILLER Mayor Ventura announced that an application had been received for one vacancy on the Personnel Board. Rick Miller was interviewed and appointed by Council to fill an unexpired term ending September 1, 1996. COMMUNITY SERVICES/APPOINTMENT/CHRISTINE PFENDT Mayor Ventura announced that an application had been received for one vacancy on the Community Services Commission. Christine Pfendt was interviewed and appointed by Council to an unexpired term ending January 1, 1994. AAA PEDESTRIAN PROTECTION PROGRAM AWARD/PRESENTATION Mayor Ventura announced that the presenter of the Plaque to the Town was not able to attend this evening's meeting, and this item would be continued to another time. COMMENDATION/BILL HAYES/PRESENTATION Mayor Ventura presented a commendation to a retiring Town employee, Bill Hayes, and honored him for his service to the Town of 21 years. Mr. Hayes gratefully accepted his TC:D2:MM100791 commendation. 9209 PROJECT/CONTRACT AWARD/REFORESTATION/TREE REMOVAL & REPLACEMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council award the contract to the low bidder A.A.S. Inc., in the total amount of $90,670, and authorize the Town Manager to sign the contract on behalf of the Town. Carried by a vote of 4 ayes. Mr. Carlson absent. SCHEDULE OF PUBLIC HEARINGS Informational report regarding currently scheduled public hearings was received and filed. TC:D2:MM100791 October 7, 1991 Los Gatos, California COUNTY REFERRALS Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve the recommended action concerning County Referrals: 5024-31-54-91V; 16341 Lavender Lane; Bunt; Variance; Denial: 5027-31-53-91V; 16152 Escobar Ave.; Yellenberg; Variance; Denial: 5023-33-51-91B-91DR; 15280 Shannon Rd.; Smits; Building Site/Design Review; Approval: 2913-30-49-91V; Tourney Road; DePalma; Variance; Denial: 5032-31-52-91V; 16571 Topping Way; Horn; Variance; Approval. Carried by a vote of 4 ayes. Mr. Carlson absent. PLANNING COMMISSION/PLANNING DEPARTMENT MONTHLY STATUS REPORT Informational report regarding activity of Planning Commission and Department was received and filed. COUNCIL CALENDAR OF MEETINGS Informational item presenting future Town Meetings for Council and other Town Boards and Commissions was received and filed. PAYROLL/RATIFICATION/SEPTEMBER 1991 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify the accompanying check registers for payroll of September 1 through 14, 1991 and additional uniform allowance and incentive pay for POA in the amount of $213,179.47 paid on September 13 and 20, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. ACCOUNTS PAYABLE/RATIFICATION/SEPTEMBER 1991 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council ratify accompanying check registers for accounts payable invoices in the amount of $719,757.07 paid on September 6, 13, 20 and 27, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. CRIPPLED CHILDREN'S SOCIETY/LARK & WINCHESTER/CHRISTMAS TREE SALE Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve applicant's request for temporary use of a vacant lot, for the sale of Christmas Trees, located at the corner of Lark Avenue and Winchester Boulevard, subject to staff recommendations. Carried by a vote of 4 ayes. Mr. Carlson absent. YOUTH PARK DAY/OCTOBER 26, 1991 Informational report regarding the thirteenth annual Youth Park Day, to be held at the Los Gatos Youth Park on Saturday, October 26, 1991, was received and filed. PUMPKIN FESTIVAL/SAINT LUKE'S/OCTOBER 21,1991 Informational report regarding the sixth annual Pumpkin Festival, to be held at Saint Luke's TC:D2:MM100791 October 7, 1991 Los Gatos, California Episcopal Church, on Saturday, October 21, 1991, between 10:00 a.m. and 5:00 p.m., was received and filed. YAVNEH DAY SCHOOL/COUNTY FAIR/JEWISH COMMUNITY CENTER/OCTOBER 20, 1991 Informational report regarding the Yavneh Day School County Fair, to be held at the Jewish Community Center, on Sunday, October 20, 1991, between 11:00 a.m. and 4:00 p.m., was received and filed. TC:D2:MM100791 October 7, 1991 Los Gatos, California PLANNING COMMISSION/ELECTION OF CHAIR AND VICE-CHAIR Informational report stating that at its meeting of September 25, 1991, the Planning Commission voted unanimously to elect Patrick O'Laughlin as Chair and Michael Abkin as Vice-Chair of the Planning Commission for the period of October 1991 through September 1992, was received and filed. YOUTH PARK LEASE/SAN JOSE WATER COMPANY/REFERRAL TO CLOSED SESSION Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council refer to closed session with the Town Manager, discussion of the terms and negotiation for acquisition from San Jose Water Company of the leasehold interest in the property commonly known as the Youth Park. Carried by a vote of 4 ayes. Mr. Carlson absent. SUND AVENUE 105/ENCROACHMENT PERMIT/DR. JOAN OLOFF-SOLOMON Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council pull this item from the agenda because it was found that a revocable encroachment permit was not required. Carried by a vote of 4 ayes. Mr. Carlson absent. SHORT ROAD 16015/M-89-14/SUBDIVISION Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council add the additional conditions from the Engineering Department's report, and refer the item to the Town Attorney for preparation of the appropriate resolution. Carried by a vote of 4 ayes. Mr. Carlson absent. ROUTE 85/GENERAL PLAN AMENDMENTS Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council direct staff to prepare a Request for proposal under direction from the General Plan Committee, authorize the appropriation of $30,000 to fund the preparation of the General Plan Amendments, Environmental Impact Report, traffic analysis for review by the Congestion Management Agency (CMA) and preparation of a Deficiency Plan, if needed. Carried by a vote of 4 ayes. Mr. Carlson absent. PARKING ZONE/MAIN AND JACKSON Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council designate a No Parking zone on the south side of East Main Street from the Southwest corner of East Main Street and Jackson Street to 100 feet west of Jackson Street. Carried by a vote of 4 ayes. Mr. Carlson absent. PARKING ZONE/BLOSSOM HILL ROAD/CAMELLIA AND CHERRY BLOSSOM Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council designate a two hour parking zone on the north side of Blossom Hill Road between 262 ft. east of Camellia Terrace and 233 ft. west of Cherry Blossom Lane from 8:00 a.m. to 5:00 p.m. for a one year period from the date of approval. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California REDEVELOPMENT PLANS/ENVIRONMENTAL IMPACT REPORT/PUBLIC HEARING RESOLUTION 1991-215 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 215 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONSENTING TO AND CALLING A JOINT PUBLIC HEARING ON THE PROPOSED REDEVELOPMENT PLAN FOR THE CENTRAL LOS GATOS REDEVELOPMENT PROJECT AND THE FINAL EIR RELATING THERETO. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California COMMENDATIONS/TOWN EMPLOYEES/20 YEARS OF SERVICE/CHARLES ADAMS/ROBERT EGER/ROBERT WEBER/RESOLUTIONS 1991-216, 1991-217, & 1991-218 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 216 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING CHARLES ADAMS FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 217 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ROBERT EGER FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 218 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ROBERT WEBER FOR 20 YEARS OF SERVICE TO THE TOWN OF LOS GATOS. Carried by a vote of 4 ayes. Mr. Carlson absent. HOMELESS TASK FORCE/INTERGOVERNMENTAL COUNCIL/RESOLUTION 1991-219 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 219 entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING THE SANTA CLARA COUNTY INTERGOVERNMENTAL COUNCIL HOMELESS WORK PLAN. Carried by a vote of 4 ayes. Mr. Carlson absent. GENERAL PLAN COMMITTEE/FORMATION/RESOLUTION 1991-220 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1991-220 entitled, RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH THE GENERAL PLAN COMMITTEE AS AN ADVISORY BODY TO THE PLANNING COMMISSION. Carried by a vote of 4 ayes. Mr. Carlson absent. HANDICAPPED ACCESSIBILITY/LOS GATOS HIGH SCHOOL Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to the meeting of October 21, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. HAZARDOUS MATERIALS/CLEANUP RESPONSIBILITY/TOWN CODE AMENDMENT ORDINANCE 1869 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1869 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 35.060.010 OF THE TOWN CODE TO CLARIFY THE CLEANUP RESPONSIBILITY OF ALL PERSONS AND ENTITIES INVOLVED WITH THE UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS, which was introduced at the Town Council meeting of September 16, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California PUBLIC NUISANCE/INVESTIGATION OF CONDITIONS/ORDINANCE 1871 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1871 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AUTHORIZING INVESTIGATIONS OF CONDITIONS WHICH MAY PRESENT A PUBLIC NUISANCE , which was introduced at the Town Council meeting of September 16, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California FLOOR AREA RATION/>5,000 SQ. FT. LOTS/RESIDENTIAL/ORDINANCE 1872 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1872 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS TO AMEND THE TOWN ZONING ORDINANCE ESTABLISHING A FLOOR AREA RATIO FOR SINGLE-FAMILY AND TWO FAMILY RESIDENCES ON LOTS SMALLER THAN 5,000 SQ. FT. IN ALL RESIDENTIAL ZONES, which was introduced at the Town Council meeting of September 16, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. FENCE HEIGHT/ORDINANCE 1873 Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Ordinance 1873 entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE PROVISION REGULATING THE HEIGHT OF FENCES, which was introduced at the Town Council meeting of September 16, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. CLAIM REJECTION/KRISTEN ROUSE Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council reject the claim of Kristen Rouse which was filed with the Town Clerk on August 30, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. PUBLIC HEARINGS UNIVERSITY AVENUE 631/APPEAL/HANDEL JONES/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider an appeal of a decision of the Planning Commission decision to deny occupancy of a structure for office use and the finding that the proposed use is an office use for property in the LM zone. Property located at 631 University Avenue. Appellant: Handel Jones. Architecture and Site Application S-65-104A. Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council continue this item to the meeting of October 21, 1991. Carried by a vote of 3 ayes. Mayor Ventura voted no. Mr. Carlson absent. SANTA CRUZ AVE 20 S/CHEVY'S RESTAURANT/APPEAL/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider an appeal of the Planning Commission denying a request for permission to operate a full service restaurant with a separate bar, outdoor seating, and the unlimited sale of alcoholic beverages for consumption on the premises and exterior modifications on property in the C-2 zone. Conditional Use Permit Application U-85-2B and Architecture and Site Application S- TC:D2:MM100791 October 7, 1991 Los Gatos, California 91-43 for property located at 20 South Santa Cruz Avenue (Chevy's Restaurant). Applicant/Appellant:Chevy's Incorporated. Property Owner: SIMCO VI Partners, et al. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to the Meeting of October 21, 1991. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California HEARINGS CONTINUED ELLENWOOD AVE 54/APPEAL/MARY WRIGHT/SECOND STORY ADDITION/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider the appeal of the Planning Commission to deny an application to demolish an existing single family residence and to construct a new single family residence in the R-1:8,000 zone. Second Story Addition Application X-91-8. Property located at 54 Ellenwood Avenue. Property Owners: Peter and Corlene Horan. Appellant: Mary Wright. The following people from the audience spoke to the Council on this issue. William Johnson, representing Mrs. Wright, Box 2022, Stanford, spoke against the project and asked for denial. Mary Wright, 56 Ellenwood, asked that the roof line be cut back, limitations be put on the title regarding improvements within the roof area, and reduction in windows. Peter Horan, 54 Ellenwood, requested that Council approve his project and explained what had been done to mitigate the neighbor's concerns. He submitted pictures and models with his presentation. There was no one else from the audience to address this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, to uphold the Planning Commission's decision and approve Second Story Addition Application X-91-8 with the following conditions: that a deed restriction be recorded which prohibits expansion into the roof addition area; and that the window in the bathroom remain opaque on the final plans. Carried by a vote of 4 ayes. Mr. Carlson absent. DOWNTOWN LOS GATOS BUSINESS IMPROVEMENT DISTRICT/(BID)/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider establishing a business improvement area to be known as "The Downtown Los Gatos Business Improvement District". He also explained the method of receiving protest forms and statements, and called for submittals from the audience. The following people representing the BID Formation Committee from the audience spoke to the Council on this issue. Joe Hargett, representing the BID formation committee, presented analysis of the formation of the district in the wake of the Loma Prieta Earthquake of 1989 and then introduced members of the committee. Ellen Graff, President of the Chamber of Commerce, endorsed the BID formation from the TC:D2:MM100791 October 7, 1991 Los Gatos, California Chambers perspective and the revitalization of the downtown area. Rex Morton, 51 University Ave., Parking Commission Chairman, spoke in support of the formation of the BID. No other committee members spoke at this time. Mayor Ventura opened the Public Hearing and called for protests to be filed with the Town Clerk. No one came forward to file protests at this time. TC:D2:MM100791 October 7, 1991 Los Gatos, California HEARINGS CONTINUED BID FORMATION HEARING CONT. The following people spoke from the audience Eric Morely, Legislative Advocate for Board of Realtors, supports the formation of the BID. Ed Stahl, Travel Advisors, 56 Santa Cruz Ave., spoke in support of forming the district There was no one else from the audience to address this issue. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. The Town Clerk reported that there were no protests filed during this evening's public hearing but there had been three protests received prior to the meeting. These protests amounted to 450 votes out of the 62,500 needed to arrest the formation of the district. Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council direct staff to prepare the necessary ordinance forming the Downtown Los Gatos Business Improvement District. Carried by a vote of 4 ayes. Mr. Carlson absent. SMOKING ORDINANCE/CONSIDERATION AND INTRODUCTION Mayor Ventura stated that this was the time and the place for the discussion of the proposed Smoking Ordinance. He stated that this was not a public hearing, but since the Council felt it was important to hear from the public, there would be a three minute time limit for each speaker. The following people from the audience spoke to the Council on this issue. Roger P. Kennedy, 140 Via de Tesoros, stated that he was in support of the proposed Ordinance, because of health issues. Christie Vogel, 16383 Lilac Lane, stated that she was in support of the proposed Ordinance. Kathryn Gallegas, representative of the California Restaurant Association, stated that on behalf of the Restaurant Association she was in support of a smoking ordinance that would ban smoking in public places state wide, such as SB 93, but felt it was not fair to Town business' to have this ordinance imposed upon them when they are suffering from other circumstances at this time. Jeff Hanson, President of the California Restaurant Association and representative of Erik's Deli Cafe, stated he supports a state wide ban but not one restricted just to the Town, because he feels smokers will go to neighboring cities to eat. Douglas B. Pulley MD., 245 Vista Del Monte, was supportive of the ordinance. Carol Musser, 232 Loma Alta Avenue, representative of the Chamber of Commerce, TC:D2:MM100791 October 7, 1991 Los Gatos, California explained the work the Chamber has done in polling the businesses regarding the ordinance and stating the sense of economic disadvantage this ordinance will impose. Rick Melzig, 340 Bella Vista Avenue, stated that he was in support of the proposed Ordinance. Judy Peterson, 600 Pennsylvania Avenue, stated that she was not in support of the ban on smoking in restaurants, but felt that the ban of vending machines is a good idea. Robert Quigley, representative of American Cancer Society, presented the Council with some ideas and statistics, and expressed his support for the proposed Ordinance. He also stated that he feels that smoking should be banned in the workplace, cafeteria, and restaurants. TC:D2:MM100791 October 7, 1991 Los Gatos, California SMOKING ORDINANCE CONT. Speakers continued: George Feltovich, 3480 Granada Ave., Santa Clara, representative of business workers, was in support of the proposed Ordinance. John Spaur, 1184 Longfellow Ave., Campbell, representative of Chamber of Commerce, submitted a presentation, explaining how the Chamber came to their position decision, to the Council to be filed with the Town Clerk. Rebecca Hirschklau, 17627 Via Sereno Avenue, high school student, stated she was in support of the proposed Ordinance. John Watson, 122 Wilder Avenue, restaurant & bar owner, he stated he feels the proposed Ordinance would hurt his business. Mike Warren, 15220 Blossom Hill Rd., high school student, stated his support for the proposed Ordinance. Sandy Bouja, 1469 Park Avenue, San Jose, representative of Workplace Tobacco Control Project of Santa Clara County, urged the Council to adopt the proposed Ordinance for the safety of workers. Peter Fournier, 286 Nino Way, expressed his support for the proposed Ordinance, and stated that he feels a non-smoking environment would not negatively affect local business. Sue Heller, 35 Fillmer Avenue, Fitness Trainer, stated her support for the proposed Ordinance. Eleanor Harwood, 139 Hillbrook Drive, high school student, supported the proposed Ordinance. Penny Ivanovic, 160 W. Main Street, supports the Chamber of Commerce position. Earl Magoun, 120 Spring Street, supports the proposed Ordinance. Frank Olsen, 17269 Zena Avenue, owner of Ernesto's, stated he was opposed to the proposed Ordinance because of economic reasons, but would be in favor of a county or state wide ordinance. Tasso Pattas, owner of Flames Coffee Shop, stated that he was opposed to the proposed Ordinance because sixty percent of his customers are smokers. David Weissman, 15431 Francis Oaks Way, physician in favor of the proposed Ordinance. L.D. Hirschklau, Los Gatos-Saratoga High School District, spoke of the honor to the school district as being one of three districts to be tobacco free. Kari Byron, 293 Albert Drive, spoke against the enactment of the ordinance. John Hannigan, 208 Bachman Ave., would like to see a less restrictive ordinance, especially in regards to establishments with bars and restaurants connecting. Michael Clausen, 227 Bella Vista, General Manager of Los Gatos Lodge, is in opposition to the proposed Ordinance. Speaker, would like Los Gatos to take a leadership roll in enacting legislation banning smoking in public places. Howard Rhinhart, 17034 Melody Lane, is in favor of this ordinance. TC:D2:MM100791 October 7, 1991 Los Gatos, California Heidi Neher, 152 Towne Terrace, #1, in favor of ordinance. Arnold Breit, 110 N. Santa Cruz Ave., in favor of being a leader in this movement and using legislation as a positive instrument for business community. Margo Leathers, 1469 Park, representing American Lung Association, supporter of the proposed ordinance. Marie Bree, respiratory therapist at Los Gatos Hospital, spoke in favor of the passage of this ordinance. Cindy Simon, 1537 Puerto Vallarta, San Jose, in favor of ordinance. TC:D2:MM100791 October 7, 1991 Los Gatos, California SMOKING ORDINANCE CONT. Speakers continued: Barbara Crawshaw, 17243 Grosvenor Crt, Monte Sereno, is a smoker and is not in favor of this ordinance. Linda Lubeck, 47 Fillmer Ave., is concerned about the effect the proposed ordinance will have on the business community. Caroline Colavitti, 16791 Chirco Crt., is not in favor of this ordinance. Rich Babachio, 18140 Bayview Drive, Los Gatos as a unique Town strengthens its position, and sets itself apart by being among the first to establish this legislation. Rick Tharp, 50 University, feels that smoking ban is an issue of rights and would like it to remain an individual choice. Suzanne Jackson, 15984 Grandview Ave., Monte Sereno, approves the passage of this legislation. J. Martin Munden, 15½ N.Santa Cruz, representing the Alligator Grill, feels that the adoption of this ordinance will put a great economic strain on this newly established business. Steve Jackson, 15984 Grandview, Monte Sereno, Secretary of County Medical Society, in favor of ordinance due to medical reasons and wish to make Los Gatos a more healthy environment. Diane Richardson, #1 N. Santa Cruz Ave., not in favor of ordinance due to anticipated negative business impacts. Cathy Wanzer, 3175 Hilary Drive, San Jose, supports the non smoking ordinance. Chris Benson, 206 Loma Alta Ave., expressed the negative impact this ordinance will have on his business and the expense anticipated in separating the bar from the restaurant facilities. Sharon Barbaccia, 18140 Bayview Drive, in support of ordinance and non smoking restaurants. Council Statements: Mr. Blanton expressed the opinion that this was a public health rather than an individual rights concern. Mr. Attaway stated that this issue came forward for public hearing by request of concerned citizens and feels that Council should support the movement toward a more healthy society. Mrs. Benjamin recognizes the economic position of Los Gatos businesses but feels strongly that this is a public health issue supported by many communities and citizen's groups. Mayor Ventura stated that customers and business owners should choose whether to allow smoking. All restaurants should be non-smoking, but if owner allows smoking, a town permit be required and large sign be posted at entrance advising all potential customers that establishment permits smoking including "Second hand smoke is a known carcinogen." TC:D2:MM100791 October 7, 1991 Los Gatos, California Motion by Mr. Attaway, seconded by Mr. Blanton, to add a new definition to the ordinance as follows: "Eating Establishment Bar" A bar which is located in the same building as an eating establishment and (a) is physically separated from the eating area by barrier of solid construction which any opening is equipped with self closing doors which prevent the passage of smoke when closed or (b) when it can be demonstrated to the satisfaction of the Director of the Building Services that sufficient precautions have been taken to prevent smoke from entering the eating area including positive and negative pressures from air conditioning. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, to add "Eating Establishment Bar" under the exemption section of the proposed Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California SMOKING ORDINANCE CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council ban smoking from all restaurants in Los Gatos. Carried by a vote of 3 ayes. Mayor Ventura voted no for reason previously stated. Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION 17-6 OF THE TOWN CODE REGARDING THE REGULATION OF SMOKING IN PUBLIC PLACES, including the amendments previously made by Council. Carried by a vote of 4 ayes. Mayor Ventura supported ordinance overall despite reservation regarding banning all smoking in restaurants. Mr. Carlson absent. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mr. Carlson absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS PROHIBITING THE USE OF CIGARETTE OR TOBACCO VENDING MACHINES IN PUBLIC PLACES, and that the Town Council finds further that regulating vending machines will promote the health considerations which justify this Council's comprehensive regulation of smoking by the general public in public places. Carried by a vote of 4 ayes. Mr. Carlson absent. Council consensus to take a leadership position regarding this issue and that Mrs. Benjamin and Mr. Blanton serve on a Council Committee to encourage other cities in Santa Clara County to implement similar legislation which would help alleviate some of the local business owners concerns regarding loss of business to cities not regulating smoking. MINUTES OF SEPTEMBER 16, 1991 Motion by Mayor Ventura, seconded by Mr. Attaway, to approve the Minutes of September 16, 1991 as submitted and at the same time to include the following two items in a motion to reconsider at the October 21, 1991 meeting for the purpose of correcting the votes to reflect Mayor Ventura's abstentions due to prior absence: 102 Leotar Court fencing appeal and 300 Santa Rosa Drive building appeal. Carried by a vote of 4 ayes. Mr. Carlson absent. TC:D2:MM100791 October 7, 1991 Los Gatos, California WHITNEY AVENUE 110/APPEAL/FAROOK AFSARI/HEARING Mayor Ventura stated that this was the time and the place duly noted to consider the appeal of a decision of the planning commission to deny an application to demolish an existing single family residence an to construct a new single family residence in the R-1:10,000 zone. Architecture and Site Application S-91-9. Property located at 110 Whitney Avenue. Applicant/Appellant: Farook Afsari. TC:D2:MM100791 October 7, 1991 Los Gatos, California WHITNEY AVE CONTINUED The following people from the audience addressed this issue: Farook Afsari, 7024 Burnside Drive, San Jose, appellant, explained his project and the neighborhood support he had for it. He also submitted pictures and diagrams for the record. Gregory Snow, 100 Whitney, opposes the project at this time and would like to see some additional concerns addressed. Kathy Morgan, 142 Wheeler, speaking as a neighbor in this area, would like to see the mass reduced due to slope and ridge line and for neighborhood compatibility. There was no one else from the audience to speak to this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to close the public hearing. Carried by a vote of 4 ayes. Mr. Carlson absent. Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council approve this application to demolish and construct a new residence, including the addition of trees in the rear and retention of shrubbery in front. Motion failed with a vote of 2 ayes. Mayor Ventura and Mr. Attaway voted no, with the stipulation to return item to Planning Commission. Motion by Mr Attaway, seconded by Mr. Ventura, to return this item to the Planning Commission in order to address concerns with size and compatibility with neighborhood. Carried by a vote of 4 ayes. Mr. Carlson absent. COUNCIL RECESS Mayor Ventura left the podium at this time (11:30 p.m.), and Mrs. Benjamin took the Chair for item regarding 300 Blossom Hill (Vasona Heights.) BLOSSOM HILL RD 300/VASONA HEIGHTS/ASSESSMENT DISTRICT FORMATION Mrs. Benjamin announced that consideration of the formation of an assessment district for the Vason Height development would now be discussed. Bruce Bowen, 100 Pinta Crt, spoke of the security of the bonding procedure and the benefit to the Town with the completion of this project. Mr. Attaway, stated that without an overwhelming benefit for the community as a whole he cannot support the acquisition of municipal bonds for a private development. Mayor Ventura asked that there be some consideration of compensation to the Town for the position of risk management that would be imposed by accepting this proposal. Mrs. Benjamin, made a strong position statement against the Town accepting any risk whatsoever in regards to this bond acquisition project. Mr. Blanton requested structuring of the bond issue to cover payment to holders in case of TC:D2:MM100791 October 7, 1991 Los Gatos, California default which would not effect Town's financial status. Motion by Council consensus, to return this item to Council October 21, 1991. Carried unanimously. Mayor Ventura returned to the dias. TC:D2:MM100791 October 7, 1991 Los Gatos, California HANDICAPPED ACCESSIBILITY/EXEMPTIONS OR WAIVERS Mr. Lewis requested a change in the resolution regarding enhanced livability features on the last page as follows: "The deciding body, Planning Director and Director of Building Services may find consideration of unreasonable hardship due to topography or other physical limitations and apply alternate standards to any portion of these requirements, provided that equivalent facilitation is achieved." Motion by Mr. Attaway, to not change the wording of the resolution at this time. Motion died for lack of a second. Mrs. Benjamin announced that she would be leaving the meeting at this time (11:58 p.m.) as she was not feeling well. Motion by Mayor Ventura, seconded by Mr. Blanton, that Council direct staff to work on wording to say "no exemption providing waiver to standards shall be implemented unless it is shown as unfeasible to provide equivalent facilitation." Manager to draft language which Mr. Baker and Mr. Lewis will agree upon and which will, after agreement, come before Council on the consent calendar. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. ANIMAL CONTROL/COUNTY SERVICE AREA/RESOLUTION 1991-221 Motion by Mr. Attaway, seconded by Mayor Ventura, that Council adopt Resolution 1991-221 entitled, RESOLUTION OF THE TOWN OF LOS GATOS CONSENTING TO INCLUSION OF THE TERRITORY OF THE TOWN IN THE FORMATION OF THE COUNTY SERVICE AREA TO BE ESTABLISHED FOR THE PROVISION OF ANIMAL CONTROL, and to include a letter to be signed by the Mayor that this new organization be the central clearing house for ALL animal calls received, that they will provide answers or a referral service for any questions concerning animals. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. Kathy Kline, Director of Animal Control, gave a verbal analysis of County's proposal. SISTER CITY/TALLINN/ESTONIA/RESOLUTION 1991-222 Motion by Mr. Blanton, seconded by Mr. Attaway, that Council adopt Resolution 1991- 222 entitled, RESOLUTION OF THE TOWN OF LOS GATOS INVITING TALLINN, ESTONIA, TO BECOME A SISTER CITY. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. MARIA'S BERRY FARM/RELOCATION/WATER TOWER/MILES AVE 41 Motion by Mr. Attaway, seconded by Mayor Ventura, that Council approve the location of TC:D2:MM100791 October 7, 1991 Los Gatos, California the Maria's Berry Farm and Water Tower at 41 Miles Avenue and the current expenditures associated with this project as addressed in the staff report. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. TREASURER'S REPORT Informational report submitted by the Treasurer to the Council for the month of August 1991, received and filed. TC:D2:MM100791 October 7, 1991 Los Gatos, California PAST MIDNIGHT Motion by Council consensus to continue this evening's meeting past midnight. HAZARDOUS MATERIALS/TOWN CODE DEFINITION/ORDINANCE INTRODUCTION Motion by Mr. Attaway, seconded by Mayor Ventura to waive the reading of the draft ordinance. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. The Town Clerk read the title of the draft ordinance. Motion by Mr. Attaway, seconded by Mayor Ventura, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 35, ARTICLE II, SECTION 35.020.005 OF THE TOWN CODE ESTABLISHING HAZARDOUS MATERIALS REGULATIONS. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. TRAILS COMMITTEE/MEMBERSHIP AMENDMENT/RESOLUTION 1991-223 Motion by Mr. Attaway, seconded by Mayor Ventura that Council adopt Resolution 1991- 223 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING RESOLUTION 1991-156 INCREASING THE NUMBER OF COMMUNITY MEMBERS OF THE TRAILS COMMITTEE, which confirms appointment of community members and park and planning commission members and appoints Mayor Ventura to the Committee. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. REDEVELOPMENT AGENCY/TAX REVENUE ALLOCATIONS Ellen Graff, President of the Chamber of Commerce, speaking for the Board, supports the Redevelopment Agency if the School District is exempted from the agency's taxation base. Motion by Council consensus that Council act upon this item at the October 21, 1991 meeting. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. ROUTE 85/17 INTERCHANGE/UTILITIES UNDERGROUNDING This item has been removed from the Agenda and a complete report will be provided to Council at a future date. CARDEN SCHOOL/BELGATOS RD 220/TRAFFIC SIGN/FEE WAIVER Motion by Mr. Attaway, seconded by Mr. Blanton, that Council direct staff to erect vehicular directional sign for Carden School per Town standards and waive the fees. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. CONCEPTUAL ADVISORY COMMITTEE/APPOINTMENTS Motion by Council consensus that Mr. Attaway and Mayor Ventura serve on the TC:D2:MM100791 October 7, 1991 Los Gatos, California Conceptual Advisory Committee. BUILDING REGULATIONS/TOWN CODE AMENDMENTS/CHAPTER 7 Motion by Mr. Attaway, seconded by Mr. Blanton to waive the reading of the draft ordinance. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. The Town Clerk read the title of the draft ordinance. TC:D2:MM100791 October 7, 1991 Los Gatos, California BUILDING REGULATIONS CONTINUED Motion by Mr. Attaway, seconded by Mayor Ventura, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS RESCINDING ARTICLE I SECTIONS 7.01.010, 7.010.015, 7.010.020, 7.01.025, 7.01.030, 7.01.035, ARTICLE II SECTIONS 7.02.015, 7.02.020, ARTICLE IV SECTION 7.04.020, 7.04.025, ARTICLE VII SECTIONS 7.07.015, 7.07.020 ARTICLE VIII SECTIONS 7.08.015, 7.08.020, ARTICLE IX SECTIONS 7.09.015 AMENDING ARTICLE II SECTION 7.02.010, ARTICLE IV SECTION 7.04.010, ARTICLE VII SECTION 7.07.010, ARTICLE IV SECTION 7.08.010 ADDING ARTICLE I SECTION 7.01.010 CHAPTER 7 OF THE CODE OF THE TOWN OF LOS GATOS RELATED TO BUILDING REGULATIONS. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. SOLID WASTE MANAGEMENT/GREEN VALLEY DISPOSAL/RATE REVIEW Motion by Council consensus to continue this item to October 21, 1991. Mayor Ventura asked that a citizen's committee be considered and become a part of the negotiating team earlier in the process, so that interested parties don't come before Council at a time when a majority of the negotiating has already taken place. HIGHWAY 17/SIGNS/VERBAL REPORT Mayor Ventura asked Council's support in contacting the Chamber regarding changing the directional sign on Highway 17 to Los Gatos. One now says "East Side Los Gatos" which may be clearer if it read "Los Gatos Boulevard". Coming from Santa Cruz the sign reads "Santa Cruz Ave." which would read better if it said "Downtown Los Gatos". Motion by Council consensus to authorize the Mayor to work with CalTrans on obtaining the above referenced signage. ADJOURNMENT Motion by Mr. Blanton, seconded by Mr. Attaway, to adjourn this evening's meeting at 12:29 p.m. Carried by a vote of 3 ayes. Mr. Carlson and Mrs. Benjamin absent. ATTEST: Kim Kolerus Deputy Clerk TC:D2:MM100791 October 7, 1991 Los Gatos, California Marian V. Cosgrove Town Clerk TC:D2:MM100791