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M 07-15-91TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY July 15, 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 7:55 p.m., Monday, July 15, 1991, in regular session. ROLL CALL Present:Randy Attaway, Joanne Benjamin, Steven Blanton, Eric D. Carlson and Mayor Brent N. Ventura. Absent:None. PLEDGE OF ALLEGIANCE Given by all in attendance. PLANNING COMMISSION/APPOINTMENTS Mayor Ventura announced that applications had been received for two vacancies on the Planning Commission. Voting was held and Michael Abkin and Marcia Allmand were appointed to the Planning Commission. Both of the applicants were reappointed to full terms expiring August 1, 1995. HISTORIC PRESERVATION COMMITTEE/APPOINTMENTS Mayor Ventura announced that applications had been received for two vacancies on the Historic Preservation Committee. For the two vacancies one application was received. The Council voted and Leslie Dill was appointed to the Historic Preservation Committee. Leslie Dill was reappointed to a full term ending August 1, 1995. PRESENTATION/COMMENDATION/SERVICE TO THE TOWN Mayor Ventura made a presentation to Gerald H. Argall for exemplary service for thirty-five years to the Town. SANTA CRUZ AVENUE NORTH 21/TEMPORARY SHORING/BID AWARD Motion by Mr. Attaway, seconded by Mrs. Benjamin, that Council award the bid to JAL Construction for temporary shoring at 21 N. Santa Cruz Avenue, The Crall Building and appropriate $6,500 from current funding. Carried unanimously. TC:D1:MM071591 PROJECT 8805/LOT 4/REMEDIATION/BID AWARD Motion by Mrs. Benjamin, seconded by Mr. Attaway, to award the contract to the low bidder, Environmental Health Research and Testing, Inc., using the method of Chemical Oxidation, in the total estimated amount of $496,196, and to authorize the Town Manager to sign the contract on behalf of the Town. Town staff and the Town's consultant, Applied GeoSystems, has reviewed and approved the low bidder's qualifications and other relevant criteria. The council also recommended that the Town authorize a change order to revise Interim Parking Lot No. 4 to include a vehicular ramp at the Elm Street end of Parking Lot No. 4. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California SCHEDULE OF PUBLIC HEARING Motion by Mr. Blanton, seconded by Mr. Carlson, that an informational report regarding currently scheduled public hearings be received and filed. Carried unanimously. COUNTY REFERRALS Motion by Mr. Blanton, seconded by Mr. Carlson, to accept report regarding 14045 Shannon Road, a project with in the Urban Service Area and to recommend approval subject to five conditions. Carried unanimously. CODE COMPLIANCE/FOURTH QUARTER Motion by Mr. Blanton, seconded by Mr. Carlson, that an informational report regarding Code Compliance for the fourth quarter, 04/01/91 - 06/30/91 be received and filed. Carried unanimously. PAYROLL /RATIFICATION/JUNE, 1991 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council ratify the accompanying check registers for payroll of June 8, 1991 through June 22, 1991 in the amount of $217,874.50 paid on June 28, 1991. Carried unanimously. ACCOUNTS PAYABLE/RATIFICATION/JUNE 28, 1991/JULY 5, 1991 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council ratify accompanying check registers for accounts payable for June 28, 1991 in the amount of $307,675.32 and July 5, 1991 in the amount of $84,678.44. Carried unanimously. REFERRALS/TOWN ATTORNEY/CODE ENFORCEMENT/101 CAPISTRANO PLACE Motion by Mr. Blanton, seconded by Mr. Carlson, that Council accept the status report on Code Enforcement regarding a grading violation. Address: 101 Capistrano Place. Owner: George Mezzetta. Carried unanimously. TOWN RETIREMENT FUNDS/GERALD ARGALL Motion by Mr. Blanton, seconded by Mr. Carlson, that Council authorize the Mayor and Town Clerk to sign the release of retirement fund for Gerald Argall and the Town Clerk to instruct The Mechanics Bank to release the cash funds to Mr. Argall effective July 31, 1991. Carried unanimously. TREE DEDICATION/MEMORIAL/MARJORIE L. MUTTERSBACH Motion by Mr. Blanton, seconded by Mr. Carlson, that Council approve the Park Commission proposal to dedicate the Oak tree located at Los Gatos Boulevard and Los Gatos/Almaden Road and install a plaque in memory of Marjorie L. Muttersbach who served on the Park's Commission from 1966 to 1976 and for eight months as a Town Council TC:D1:MM071591 July 15, 1991 Los Gatos, California member. Carried unanimously. FIESTA WAY, 17 & 25/PURCHASE AGREEMENT/LIBRARY LAND/RESOLUTION 1991-151 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING OPTION AND PURCHASE AGREEMENTS FOR 17 AND 25 FIESTA WAY (LIBRARY) and authorize the Town Manager to sign the agreements. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California LIBRARY GRANT/APPLICATION/RESOLUTION 1991-152 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN'S APPLICATION FOR LIBRARY CONSTRUCTION AND RENOVATION BOND ACT FUNDS . Carried unanimously. CONFIDENTIAL EMPLOYEES/MOU/RESOLUTION 1991-153 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING COMPENSATION AND BENEFITS FOR CONFIDENTIAL EMPLOYEES EFFECTIVE JUNE 23, 1991 THROUGH JUNE 30, 1992. Carried unanimously. OLIVER/COMMENDATION/ARTS COMMISSION/RESOLUTION 1991-154 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING HELEN OLIVER OF THE ARTS COMMISSION. Carried unanimously. WORN/COMMENDATION/ARTS COMMISSION/RESOLUTION 1991-155 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING ETHEL WORN OF THE ARTS COMMISSION. Carried unanimously. TRAILS COMMITTEE/FORMALLY ESTABLISH/RESOLUTION 1991-156 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS TO FORMALLY ESTABLISH THE TRAILS COMMITTEE AS AN ADVISORY BOARD TO THE PLANNING COMMISSION. Carried unanimously. DEFERRED COMPENSATION/PROPOSALS Motion by Mr. Blanton, seconded by Mr. Carlson, that Council approve report authorizing the Town Manager to proceed for proposals for deferred compensation. Carried unanimously. TRACT 8439/FINAL MAP/FORMATION OF LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO 2/RESOLUTION 1991-157/RESOLUTION 1991-158/RESOLUTION 1991-159 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt Resolution 1991- 157 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT 8439. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson, to authorize the Mayor to execute the contracts for public improvements. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson, to adopt Resolution 1991-158 entitled, TC:D1:MM071591 July 15, 1991 Los Gatos, California RESOLUTION OF THE TOWN OF LOS GATOS INITIATING PROCEEDING FOR THE FORMATION OF LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.2. (Pursuant to the Landscape and Lighting Act of 1972). Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson, to approve the Engineer's Report for Landscape and Lighting Assessment District No. 2. Carried unanimously. Motion by Mr. Blanton, seconded by Mr. Carlson to adopt Resolution 1991-159 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE MAINTENANCE OF THE IMPROVEMENTS AND THE FORMATION OF LANDSCAPING AND LIGHTING ASSESSMENT DISTRICT NO. 2. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California PROJECT 8805/PARKING LOT 4/REMEDIATION Motion by Mr. Blanton, seconded by Mr. Carlson, that Council approve reports from Applied GeoSystems regarding Project 8805, Parking Lot No.4 Remediation. Carried unanimously. PROJECT 8805/LOT 4/LETTER OF CONDITIONAL APPROVAL/REGIONAL WATER QUALITY CONTROL BOARD Motion by Mr. Blanton, seconded by Mr. Carlson, that Council accept the letter of Conditional Approval from the Regional Water Quality Control Board for the Remediation Action work plan. Project 8805 - Lot 4. Carried unanimously. HILLTOP DRIVE 125/WATERSTORAGE TANK/SAN JOSE WATER/KALSCHED/RESOLUTION 1991-160. Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF A DECISION OF THE PLANNING COMMISSION GRANTING APPROVAL OF PLANS TO REPLACE TWO EXISTING REDWOOD WATER STORAGE TANKS WITH ONE NEW STEEL WATER STORAGE TANK ON PROPERTY IN THE HR-1 ZONE, CONDITIONAL USE PERMIT APPLICATION U-90-10 AND ARCHITECTURE AND SITE APPLICATION S-90-76, which incorporates the Council findings and decision at its meeting of July 1, 1991. Carried by a vote of 3 ayes, Mrs. Benjamin and Mayor Ventura voted no as reflected in previous record. . TEMPORARY EMPLOYEE SALARIES/JUNE 23, 1991 THROUGH JUNE 30, 1992/RESOLUTION 1991-161 Motion by Mr. Blanton, seconded by Mr. Carlson, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS SETTING TEMPORARY EMPLOYEE SALARIES EFFECTIVE JUNE 23, 1991 THROUGH JUNE 30, 1992. Carried unanimously. VERBAL COMMUNICATIONS There was no one in the audience wishing to speak. PUBLIC HEARINGS ANNEXATION/BLOSSOM HILL MANOR # 6/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for the annexation of Blossom Hill Manor # 6. TC:D1:MM071591 July 15, 1991 Los Gatos, California The following person from the audience spoke to this issue: Joel Newman, 15740 Cherry Blossom Lane, questioned the council about the counting of the protest forms. There was no one else from the audience wishing to speak to this issue. Motion by Mr. Blanton, seconded by Mr. Carlson, to close the public hearing of Blossom Hill # 6. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California PUBLIC HEARINGS CONT. BLOSSOM HILL # 6 ANNEXATION CONT. Motion by Mr. Carlson, seconded by Mr. Attaway, to submit the protests to the County Registrar of Voters, and set Monday August 5th as the day to adopt the resolution making the findings based on the data submitted to the Town by the County Registrar of Voters, as specified by state law. Carried unanimously. ANNEXATION/SHANNON ROAD # 18/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for the annexation of Shannon Road # 18. The following people from the audience spoke to this issue: Marcus Clark, 16415 La Chaquita, questioned the council as to what benefits the residents they would receive if they are annexed into the Town. Gene Signor, 16354 East La Chaquita, spoke to the council in opposition of the annexation of Shannon Road # 18. There was no one else from the audience wishing to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Attaway, to close the public hearing of Shannon Road # 18. Carried unanimously. Motion by Mr. Carlson,seconded by Mr. Attaway, to submit the protests to the County Registrar of Voters, and set Monday August 5th as the day to adopt the resolution making the findings based on the data submitted to the Town by the County Registrar of Voters, as specified by state law. Carried unanimously. ANNEXATION/LA RINCONADA # 5/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for the annexation of La Rinconada # 5. The following person from the audience spoke to this issue: R. I. Conn, 14795 La Rinconada Drive, stated that he would like to see the annexation attempt of La Rinconada # 5 be dropped. There was no one else from the audience wishing to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Blanton, to close the public hearing of La Rinconada # 5. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Blanton, to submit the protests to the County TC:D1:MM071591 July 15, 1991 Los Gatos, California Registrar of Voters, and set Monday August 5th as the day to adopt the resolution making the findings based on the data submitted to the Town by the County Registrar of Voters, as specified by state law. Carried unanimously. ANNEXATION/BLOSSOM HILL MANOR # 5/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for the annexation of Blossom Hill Manor # 5. TC:D1:MM071591 July 15, 1991 Los Gatos, California PUBLIC HEARINGS CONT. BLOSSOM HILL # 5 ANNEXATION CONT. The following people from the audience spoke to this issue: Chris Evensen, 16030 Escobar Avenue, stated that he is against the proposed annexation. Howard Miller, 15710 Loma Vista Ave., stated that he believes that the Town Officials and Council should have been more involved with circulating materials about the proposed annexation. Donald Davis, 15798 El Gato Lane, questioned the council about taxes. There was no one else from the audience wishing to speak to this issue. Motion by Mr. Blanton, seconded by Mr. Carlson, to close the public hearing of Blossom Hill Manor # 5. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to submit the protests to the County Registrar of Voters, and set Monday August 5th as the day to adopt the resolution making the findings based on the data submitted to the Town by the County Registrar of Voters, as specified by state law. Carried unanimously. ANNEXATION/LOS GATOS BOULEVARD # 12/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for the annexation of Los Gatos Boulevard # 12. There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Attaway, to close the public hearing of Los Gatos Boulevard # 12. Carried unanimously. Motion by Mr. Carlson, seconded by Mr. Attaway, to submit the protests to the County Registrar of Voters, and set Monday August 5th as the day to adopt the resolution making the findings based on the data submitted to the Town by the County Registrar of Voters, as specified by state law. Carried unanimously. ZONING ORDINANCE AMENDMENT A-90-10/LIVE ENTERTAINMENT/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing for consideration of adoption of a resolution and introduction of ordinance for Zoning Ordinance Amendment A-90-10 to the Los Gatos Zoning Ordinance permitting dancing and/or live entertainment establishments in various zones with a Conditional Use Permit. TC:D1:MM071591 July 15, 1991 Los Gatos, California The following people from the audience spoke to this issue: Rick Nubsick, 340 Bella Vista Ave., supports the ability of the bar and restaurant owners to choose if they wish to offer live music and dancing, as he feels it enhances the social activities of the town. He feels that this would best be done by enforcing the noise ordinance already in effect. Ellen Graff, 805 Lilac Way, as president of the Chamber of Commerce requested that the proposed Zoning Ordinance be sent back to the Planning Commission for further study. There was no one else in the audience wishing to speak to this issue. TC:D1:MM071591 July 15, 1991 Los Gatos, California PUBLIC HEARINGS CONT. LIVE ENTERTAINMENT ORDINANCE CONT. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to return to the Planning Commission the definition for live entertainment, the establishment of exceptions for special live entertainment events and the changes proposed to be approved by the Development Review Committee. The council would also like to see the Planning Commission show by example what specific problems will be solved with the adoption of the proposed ordinance. Carried unanimously. SOLID WASTE MANAGEMENT RATES Mayor Ventura stated that this was the time and the place duly stated for public hearing to consider the adoption of a resolution establishing revised solid waste management rates. The following people from the audience spoke to this issue: John Snelham, 247 Old Adobe Rd., spoke to the council about the waste management contract, rates, and drop off boxes. He would like to see volume based rates for the commercial and drop off box sectors. He urges the council to look at the tonnage, the revenue, and the cost and devise a plan for limiting our amount of solid waste. Gerard Wen, 573 University Ave., a representative from Green Valley Disposal, stated that the Rate Review Committee has been effective in placing a fixed income rate on the company. He also stated why he believes that volume based rates will not meet the desired objectives for the commercial and drop off box sectors. Marcus Clark, 16415 La Chaquita Ave., asked the council if the drop off box rates are going to increase, and expressed his concern for a need for a program to get rid of yard waste. John Snelham, 247 Old Adobe Rd., explained why he believes that a volume based drop off box rate is needed. There was no one else from the audience wishing to speak to this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Blanton, to increase base rates to $5.86 per can, and to include the cost of HDPE Collection at $5.86 in October of 1991. (Option B) Motion carried 4 ayes, Mr. Carlson voted no because he would like to adopt a progressive rate structure. TC:D1:MM071591 July 15, 1991 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Carlson, to refer the resolution back to staff to have it include white paper and cardboard recycling and also to continue multiple family recycling services. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to refer the item back to staff to have them look at a volume based drop off box rate proposal made by Mr. Snelham, and come back to the council with a recommendation. Carried 4 ayes, Mr. Attaway voted no because he believes that the proposal will keep the drop off box rates from being competitive. TC:D1:MM071591 July 15, 1991 Los Gatos, California PUBLIC HEARINGS CONT. SOLID WASTE MANAGEMENT RATES CONT. Motion by Mr. Carlson, seconded by Mrs. Benjamin, to have staff work with the rate review committee and Green Valley Disposal to encourage Green Valley Disposal to revise the franchise agreement in order to reduce costs and to pass on the cost reductions to the rate payers. Mayor Ventura appointed Mr. Carlson and Mr. Blanton to a sub-committee to work with the staff to review rates. Carried unanimously. APPEAL OF BUILDING DIRECTOR/453 N. SANTA CRUZ AVE./TERRY UPTON Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider an appeal of the Director of Building services' decision to require accessibility features at 453 N. Santa Cruz Ave. Appellant, Mr. Terry Upton. The following people from the audience spoke to this issue: Terry Upton, appellant, requested that the Building Director's decision be overruled. Because of previous hardship due to the earthquake, he is moving into a much smaller space and does not believe that he has adequate space to incorporate the accessibility features that the Building Director requires. He stated that his office space is not intended to be used for public space and therefore he feels that it is not necessary to have a ramp to make it accessible to everyone. Mr. Upton feel that he has suffered unreasonable hardship, and believes that he should be exempt from having to follow State Standards. Scott Baker, Director of Building Services, stated that because this was a newly remodeled area, it could not be exempted under the California Administrative Code Title 24, and therefore must comply with state building regulations. Jim Lewis, 156 Vista Del Monte Ave, spoke about the importance of handicapped accessibility and making the building comply with regulations. Deanna Baumgardner, 144 Highland Ave., stated the importance of following state regulations and making the building wheelchair accessible. There was no one else from the audience wishing to speak to this issue. Motion by Mr. Attaway, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to deny the appeal by Mr. Terry Upton. Carried unanimously. TRAFFIC SAFETY MEASURES/LOMA ALTA AVE. TC:D1:MM071591 July 15, 1991 Los Gatos, California Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider a report regarding a petition by residents of Loma Alta Avenue for implementation of added traffic safety measures. There was no one from the audience who wished to address this issue. Motion by Mr. Blanton, seconded by Mrs. Benjamin, to continue the public hearing to the council meeting on August 5, 1991. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California PUBLIC HEARINGS CONT. APPEAL OF PLANNING DIRECTOR/BUILDING DIRECTOR/237 UNIVERSITY/DEMOLITION Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider an appeal of a decision of the Planning Director and the Director of Building Services denying the demolition of a single-family residence damaged by the October 17, 1989 earthquake on property in the R-1D-LHP zone. Property owner: Mike and Dave Hernandez. The following people from the audience spoke to this issue: Mike Hernandez, owner, requested that the Planning and Building Director's decisions be overruled. He stated that he has had the building looked at by several contractors, and feels that it would be to his benefit to demolish the existing house and rebuild a similar house because every aspect of the house needs repair, and those repair costs would just about equal what it would cost to build a new house. There was no one else in the audience wishing to speak to this issue. Motion by Mr. Carlson, seconded by Mr. Blanton, to close the public hearing. Carried unanimously. Motion by Mr. Carlson, seconded by Mayor Ventura, to deny the appeal because of the lack of a structure report and a proposed replacement structure. Carried unanimously. SANTA CRUZ AVE. N.-41/LOS GATOS THEATRE/CORMACK EARTHQUAKE DAMAGE/HEARING Mayor Ventura stated that this was the time and the place duly noted for public hearing to consider a request for approval of plans to repair and make exterior modifications to an earthquake damaged commercial building, and to divide a single theatre into a maximum of a three screen theatre on property in the C-2 zone, conditional use permit application EU-79- 5AQ and architecture and site application ES-91-41. Property located at 41 N. Santa Cruz Avenue. Property owner: Carmel Cormack. The following people from the audience spoke to this issue. Mrs. Cormack, owner, stated that she feels that the project can be completed within one year. Rick Beringer, 70 Oak Grove Ave., stated that he would like to see the theatre remain as a one screen theatre. There was no one else in the audience wishing to speak to this issue. TC:D1:MM071591 July 15, 1991 Los Gatos, California Motion by Mrs. Benjamin, seconded by Mr. Carlson, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Carlson, to make the findings as required by Section 5.20.210 of the Zoning Ordinance for the granting of a Conditional Use Permit. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California PUBLIC HEARINGS CONT. LOS GATOS THEATER CONT. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to approve the Conditional Use Permit Application EU-79-5A and Architecture and Site Application ES-91-41 subject to conditions. Mr. Carlson added to the motion that at such a time the decision is made to convert the theatre into three theatres, the applicant shall resubmit her application to the council for final approval, and that this application must be resubmitted within one year. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to refer to the Town Attorney for the appropriate resolution to include the amendments in the above motion. Carried unanimously. SMOKING/INTRODUCTION OF ORDINANCE Ellen Graff, president of Chamber of Commerce, requested a continuance of this item because they wish to have more time to gather information so that they can best represent the businesses of the town. Joe Hargett, president of Los Gatos Downtown Association, stated that he believes that the item needs to be continued because of the confusion generated between the original proposal and the proposal brought out tonight. Albin Danell, member of the legislative committee, believes that a continuance of the proposed action is needed. Patrica Short, previous Los Gatos business owner, stated that she believes that the council needs to continue the item, and allow for further study. Motion by Mr. Blanton, to approve the original ordinance and to continue the items not in the original to the first meeting in October. Motion dies for lack of a second. Motion by Mr. Carlson, seconded by Mayor Ventura, to hold a public hearing on October 7, 1991, and to add the prohibition of vending machines to the original ordinance. Motion carries 4 ayes, Mr. Blanton voted no because he wants the entire issue considered. Mr. Carlson withdraws his motion. Motion by Mr. Carlson, seconded by Mayor Ventura, to continue both of the proposed ordinances for a public hearing on October 7, 1991. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California COUNCIL RECESS Mayor Ventura announced a short 5 minute recess starting at 10:35 p.m. and ending at 10:40 p.m. MANAGEMENT PLAN/FISCAL YEAR 1991-92/RESOLUTION 1991-162 Motion by Mr. Carlson, seconded by Mr. Attaway, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS AMENDING MANAGEMENT PERFORMANCE AND COMPENSATION PLAN FOR FISCAL YEAR 1991-92. Carried unanimously. TC:D1:MM071591 July 15, 1991 Los Gatos, California MEDICAL & HOSPITAL CARE ACT/EMPLOYER'S CONTRIBUTION FOR NON PUBLIC EMPLOYEES RETIREMENT SYSTEMS/CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS/RESOLUTION 1991-163 Motion by Mr. Carlson, seconded by Mrs. Benjamin, that Council adopt Resolution 1991- 163 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT FIXING THE EMPLOYER'S CONTRIBUTION FOR NON PUBLIC EMPLOYEES RETIREMENT SYSTEMS EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS, with Amendment that retirees will pay full cost to participate in the program. Carried unanimously. RESOLUTION/MODIFICATION OF TOWN REGULATIONS/ADAPTABILITY AND ACCESSIBILITY FOR PHYSICALLY DISABLED PERSONS. Jim Lewis, 156 Vista Del Monte Ave., requested that the matter of accessibility for physically disabled persons be resolved as soon as possible. Motion by Mr. Carlson, seconded by Mr. Attaway, to refer the proposed resolution back to the Planning Commission to work with the Town Attorney on the legal aspects of the resolution, and to see if there is anything further that can be added through the State or other means through which the Town can accomplish what was set out to be accomplished. If the Planning Commission and the Town Attorney decide that nothing else can be accomplished by making further changes then the item does not need to come back to the council for work, but if any changes are made then he would like to see the resolution brought back to council at a later date. Carried unanimously. A PLACE FOR TEENS/BUILDING PROPOSAL/NEW YORK AVENUE Motion by Mr. Carlson, seconded by Mayor Ventura, to require the height of the Teen Place building to be lowered to better fit in with the buildings in its surroundings. Motion carried with 3 ayes, and Mrs. Benjamin and Mr. Blanton voting no, because they don't want to see the possibility of the square footage being reduced. MINUTES OF MAY 13; MAY 28; MAY 29; JUNE 3; JUNE 10; JUNE 17; JUNE 24; AND JULY 1, OF THE YEAR 1991. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to approve the above minutes with a correction on the thirteenth page of the minutes from July 1. The correction should have the Planning Commission and not the Council reviewing the Architecture and Site application. Mrs. Benjamin abstained from voting on the minutes of May 29th, and Mayor Ventura abstained from voting on the minutes of June 3rd, both due to absences. Motion carried 4 TC:D1:MM071591 July 15, 1991 Los Gatos, California ayes, Mr. Carlson absent. REMOVE/REPLACE/DEAD TREES/CENTRAL BUSINESS DISTRICT Motion by Mr. Ventura, seconded by Mr. Attaway, to adopt the recommended action if the action is made not species specific, and to authorize Staff to remove and replace the dead trees in the Central Business District. Carried with 4 ayes, Mr. Carlson absent. TC:D1:MM071591 July 15, 1991 Los Gatos, California AUDIT SERVICES/AGREEMENT/PANNELL KERR FORESTER/RESOLUTION 1991-164 Motion by Mrs. Benjamin, seconded by Mr. Attaway, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXTENSION OF AUDIT SERVICES AGREEMENT WITH PANNELL KERR FORESTER, CERTIFIED PUBLIC ACCOUNTANTS to include the year ending June 30, 1991. Carried with 4 ayes, Mr. Carlson absent. COLLEGE 126/EUCLID 24/APPEAL/LOT LINE ADJUSTMENT GRABILL/BENSON/HANNEGAN/JOHNSON/RESOLUTION 1991-165 Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt RESOLUTION OF THE TOWN OF LOS GATOS DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION GRANTING APPROVAL OF AL LOT LINE ADJUSTMENT TO EXCHANGE APPROXIMATELY 1,490 SQUARE FEET OF AREA AT THE REAR OF EACH PROPERTY AND TO DIVIDE THE PARCEL FRONTING ON COLLEGE AVENUE INTO TWO LOTS IN THE R-1:8,000 ZONE, SUBDIVISION APPLICATION M-90-12 AND M-90-12A, and deleting a design for the residents by favoring a single story design. Carried by a vote of 3 ayes, Mayor Ventura voted no; Mr. Carlson absent. COUNCIL SCHEDULE The Council approved by consensus the revised 1991-92 Town Council Meeting Schedule. ADJOURNMENT Motion by Mr. Blanton, seconded by Mrs. Benjamin, to adjourn this evening's Council meeting at 11:45 p.m. Motion carried by 4 ayes. Mr. Carlson absent. ATTEST: Kim Kolerus Deputy Town Clerk Marian V. Cosgrove Town Clerk TC:D1:MM071591